Ask Larry

Hi, if I never filed and then die before my FRA, and my wife had filed early and was now collecting a reduced benefit, she would want to wait until her survivor FRA to collect my full PIA. I understand that much, but here is the question - if her survivor benefit (unreduced or reduced) is larger than her current personal benefit, and she decides to wait, does she have to notify SS of that so that they do not automatically switch her to the higher survivor benefit? If not, does she need to notify them that I died even if I am not collecting yet? Thanks very much.

Hi. If your wife is only drawing her own benefits and not spousal benefits at the time of your death, Social Security won't automatically start paying survivor benefits to her. She would then need to apply for widow's benefits whenever she wants to claim them. Even if your wife doesn't want to claim widow's benefits when you die, though, she'd likely qualify for a one-time $255 lump sum death benefit that can usually be paid to surviving spouses (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0430.html). An application is required to receive the lump sum death benefit unless the spouse is collecting spousal benefits at the time of the deceased worker's death.

Best, Jerry

Hi, Larry.
I've been on SSI since I was 52 I am now 64
Can I switch from SSI to retirement benefits or do I have to wait until my full retirement age?
Also once I do get on retirement benefits can Mass health keep the lien that they have on my property or does it go away once I'm off Mass health

Hi. SSI is the abbreviation that Social Security uses to refer to Supplemental Security Income. Supplemental Security Income, or SSI, is a needs based benefit administered by Social Security. If you are receiving Supplemental Security Income payments and if you have enough work credits to qualify for Social Security retirement benefits, then you are required to apply for the retirement benefits as soon as you become eligible for them, which is normally at age 62. So, if you haven't yet applied for any Social Security benefits for which you're eligible and if you're receiving Supplemental Security Income payments, then you should likely contact Social Security immediately.

However, if what you're receiving is Social Security disability (SSDI) benefits, not Supplemental Security Income, then switching to Social Security retirement benefits prior to your full retirement age (FRA) will result in a lower monthly benefit rate unless some your SSDI benefits are being offset due to the receipt of workers compensation or public disability benefits.

When a person qualifies for Social Security disability (SSDI) benefits, their monthly benefit rate is calculated at 100% of their primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). Thus, qualifying for SSDI benefits is essentially like starting your unreduced full retirement age benefits early. If you continue to qualify for SSDI until you reach FRA, your SSDI benefits then convert to regular Social Security retirement benefits at the same unreduced rate.

You can't be paid both SSDI and Social Security retirement benefits at the same time, and if you switch from SSDI to Social Security retirement benefits prior to FRA your benefit rate would be reduced for age. So, in other words, switching from SSDI benefits to Social Security retirement benefits prior to FRA usually just results in the person being paid a lower monthly benefit rate.

Generally, the only circumstances in which it might be advisable for a person drawing SSDI to consider switching to Social Security retirement benefits prior to FRA is if a) their SSDI benefits are being offset because they also receive workers compensation benefits or a public disability benefit, or b) they have an eligible spouse and/or child who could receive a higher auxiliary benefit rate because of a higher family maximum benefit (FMB) rate that might apply, or c) if the person is earning enough to cause their SSDI benefits to be suspended.

Regarding your last question, my expertise is limited to Social Security benefits, so I'm unable to answer questions about liens.

Best, Jerry

Sir I received 3 forms from social security office.1 form 1199 ,2 SSA 795(proof of residency) 3) SSA795(2-76. Marriage statement.pl let me know do I need to certify these documents by notary..I live in India and I am confused pl help me.

Hi. Form SSA-1199 is a direct deposit sign up form, and if that's what you received then it doesn't need to be certified by a notary. Social Security doesn't require forms SSA-795 to be notarized either, so it sounds like you will only need to complete, sign, and return the forms to Social Security.

However, you mention that one of the forms SSA-795 is in regard to proof of residence. So, I don't know if Social Security wants you to submit some type of documentation in addition to your statement on the form. If you have any questions about what you need to do, you should probably try calling the Social Security employee who sent you the forms. If you aren't able to reach them, though, you can simply complete, sign and return the forms to Social Security as instructed. They should then let you know if they require anything else from you.

Best, Jerry

Hi Larry
My wife and I moved to USA in 2003. I worked and qualified for Social Security based on 16 years of work record. I started taking Social security after turning 70 years in February 2020. My wife is 6 years younger and continues to work for the Federal Govt and currently makes twice as much as I do. Though she qualified to receive SS in 2022 on reaching full retirement age, she prefers to wait till 70 before taking SS. Could you please guide us if this is a right decision or if we are leaving money on the table. Your expert advice on optimizing our Social security payout is deeply appreciated. Thank you.

Hi. Since your wife was apparently born after January 1 1954, she doesn't have the option to apply for spousal benefits without being forced to claim her own retirement benefits at the same time. Therefore, waiting until age 70 to maximize her monthly benefit rate may be your wife's best option, especially if her potential survivor benefit rate on your account would be lower than her own benefit rate.

Rather than guessing, though, I think you and your wife should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of her options so that you make an educated decision on the filing strategy that you believe would be the best strategy for maximizing her benefits.

Best, Jerry

My husband worked most of his career with the federal government, not paying into SS. He does, however, have enough credits to claim a small amount of SS benefits. I am retiring in March, 2023 at age 70. What are our options? Can he claim spousal benefits or file on his own without it affecting his civil service pension? He is 75 years old and not working. Thank you!

Hi. First of all, if your husband has at least 40 quarters (QC) of Social Security coverage and if he hasn't yet applied for Social Security retirement benefits he should probably apply immediately. Claiming Social Security retirement benefits won't have any adverse effect on your husband's federal civil service pension, and there is no advantage to waiting past age 70 to claim Social Security retirement benefits.

There is a provision called the Windfall Elimination Provision (WEP) that will likely reduce your husband's Social Security retirement benefit rate, but WEP never reduces a person's Social Security retirement benefit rate to zero (https://www.ssa.gov/pubs/EN-05-10045.pdf). Therefore, assuming your husband does have at least 40 quarters (QC) of Social Security coverage, it sounds like he should apply for Social Security retirement benefits as soon as possible if he hasn't already done so.

Your husband could also apply for spousal benefits when you apply for your benefits, but due to the Government Pension Offset (GPO) provision it's unlikely that he could be paid any spousal benefits. GPO can cause a person's spousal benefit to be offset by 2/3rds of the amount of any government pensions they receive that are based on their work for a governmental agency in the U.S. where their earnings were exempt from Social Security taxes (https://www.ssa.gov/pubs/EN-05-10007.pdf). So, unless your husband's spousal benefit rate would amount to more than 2/3rds of the amount of his civil service pension, his spousal benefit rate would likely be reduced to zero. If your husband does qualify for any spousal benefits, though, it won't have any adverse effect on his civil service pension.

Our software can handle computations involving both WEP and GPO, so you and your husband should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

I started taking SS in 11/2020- I was 63 and 9 months at that time. My husband is 5 years older and he was not collecting( waiting until he would turn 70) He was able to collect 50% of mine. Now since July 2022 he has been off mine and collecting his own I now want to collect half of his and go off mine as it is greater. Can I do that? I tried to do it online but it won't let me. The SS office here is a nightmare so if I have to go I want to know my status first.
Thanks!

Hi. No, you can't simply stop getting your own benefit and get half of your husband's benefit rate instead. Once you start drawing Social Security retirement benefits, those benefits continue for life. If you subsequently become eligible for a higher spousal or survivor benefit, Social Security would continue to pay you your own benefit plus a partial spousal or survivor benefit amount. The total benefit amount would then be roughly equal to the higher spousal or survivor rate.

The only way that you could potentially qualify for spousal benefits in addition to your own benefit is if 50% of your husband's primary insurance amount (PIA) is more than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), not their age 70 rate. Therefore, you won't be eligible for as much as half of your husband's age 70 rate even if you do qualify for some additional spousal benefits.

If you think that your husband's PIA is more than twice as much as your own PIA, though, you should apply for spousal benefits in order to get a formal determination of your eligibility. You can't apply for spousal benefits online if you're already collecting your own Social Security retirement benefits, so in order to apply you'll need to call Social Security to make an appointment to apply by phone or in person.

Best, Jerry

I was born and raised in Ireland. I worked there until 1985. At that time, I did not have enough prsi ( credits) contributions to qualify for the minimum Irish pension when I reach 66 in the year 2025

I have now 23 years of substantial earnings in the USA. I am planning on taking early retirement this year. I only recently learned of the windfall elimination, and how it can affect a foreign pension.

This is where it gets complicated. Using totalization when I reach 66, I can qualify for the minimum Irish pension which will likely be about €80 per week. However, as I'm planning on moving back to Ireland, I was considering working there for about 1 1/2 years to make up the credits I need that would independently qualify me for the minimum Irish pension. By taking that route I would get a higher minimum pension than by using totalization.

But apparently by taking this route, I would become subject to the windfall elimination and therefore reduce my USA pension!
This all seems ridiculous to me. Why should the work I did back in Ireland, long before I ever set foot in the USA, have anything to do with my social security here? I paid taxes to the Irish government and would receive a pension based on that work. I paid taxes here in the USA and will receive my pension based on working here. Am I missing something?

Hi. Congress's reasoning for adding the Windfall Elimination Provision (WEP) to the Social Security law back in the 1980s relates to the fact that the calculation formula for Social Security retirement benefits is skewed to pay a higher percentage of past earnings to low income workers (https://www.ssa.gov/pubs/EN-05-10045.pdf). The thought behind the formula is that workers who had low earnings throughout their lifetimes would need a retirement benefit rate that's closer to their past earnings in order to pay for living expenses after they are too old to continue working. That's part of the 'social' aspect of Social Security.

Before WEP, people who only paid a limited amount of Social Security taxes not because they were low earners but because they worked mainly in employment where their earnings were exempt from Social Security taxes also received the benefit of the calculation formula that's skewed to pay back a higher proportion of a person's Social Security contributions to low income workers. Congress decided that was contrary to the intent of the calculation formula, and passed the WEP legislation to address their concerns.

Our software is fully programmed to handle WEP calculations, so you should strongly consider using the software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Myself and my wife are both US citizens
when we move to home country can we receive SS benefits and deposited to our bank accounts in US
Thanks

Hi. The answer is almost certainly yes. You don't mention which country you're planning to return to, but there are very few countries where U.S. citizens can't be paid their Social Security benefits. According to the most current information provided by Social Security, the only countries where you might not be able to collect benefits by direct deposit are Cuba, North Korea, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and Uzbekistan (https://www.ssa.gov/pubs/EN-05-10137.pdf).

Best, Jerry

Hi Larry. My normal Ss benefits check comes at the 3rd Wednesday of the month. I got a direct deposit check on the 13th and it was 200 dollars lower.
Any ideas?

Hi. The reduction in your benefit payment amount could be due to any number of different reasons, such as a Medicare premium increase, a withholding to recover an overpayment of benefits, or some other type deduction like a voluntary income tax withholding. But, without access to your Social Security records, there's no way for me to know for sure. I'm afraid you'll need to call Social Security for an explanation, since they are the only people who have access to your records.

Best, Jerry

I am 63 years old and lost my first husband almost 10 years ago when he was only 54 years old . He had received disability benefits during the last year of his life. After his death I received survivors benefit. I remarried at age 57 and my survivors benefit of course stopped coming in. My current husband is 74 and has been collecting SS since age 65. Given his age and his health condition I will most likely lose him as well in the not too far future. I have to think practical. My question: should I start drawing my own SS now ( which would only be $340 a month) and can I, when I am widowed a second time switch to the higher survivor benefit of the two? I am pretty sure that my first husband's will be higher....

Hi. Filing for your own benefits now certainly could turn out to be a good strategy, but you would then be stuck with a reduced monthly benefit rate for as long as your current husband is living. Also, if you're still working and if you'll earn more than $21,240 this year then some or all of your benefits may need to be withheld due to the Social Security earnings test.

Your optimal filing strategy depends on a number of different factors, so you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry