Ask Larry

On my application, I listed my onset date as 3-18-22. This was the day after I was fired from my last job due to too many absences due to my conditions. However, I believe I should have put an onset date of 4-18-20. All work after this date are failed work attempts (I think; please correct me if I'm wrong). Please see below:

July 2019 - April 2020 (SGA) - worked at a vet clinic
- April 18,2020 - May 2020 - stopped working due to hospitalization & residential treatment

August 2020-September 2020 - worked at the same vet clinic
- September 2020 - October 2020 - stopped working due to hospitalization & residential treatment

Unemployed mid September 2020- October 2021

October 1, 2021 - January 2022 (SGA) - worked at a university. Didn't feel like I was capable of job duties so I quit.

January 2022 - March 17, 2022 (SGA)- worked at a pet store but was fired for too many absences due to my disability

What do you think about the onset date and possible failed work attempts?
Thanks so much for your time,
Kathleen

Hi Kathleen. Unsuccessful work attempt (UWA) determinations are complex, so I can't really give you any kind of definitive opinion based on such limited information. Basically, though, any work attempt that lasts less than 6 months and ends due to the person's impairment can potentially be classified as a UWA. So, it sounds like you could at least argue that some or all of your work after April 2020 was a series of UWAs. I would suggest reading the following section of Social Security's operations manual to see if you think that any or all of your shorter work attempts meet Social Security's definitions of a UWA: https://secure.ssa.gov/apps10/poms.nsf/lnx/0411010145.

One thing for certain, Social Security will not establish an onset date earlier than your alleged onset date. Therefore, I would suggest that you allege an onset date that's as early as you believe that you were disabled. You can then give Social Security the required information about any work that you performed after that date so they can make a formal determination of whether or not the work attempts were UWAs. If your claim ends up being disallowed or approved with an onset date that's later than the date you feel you became disabled, you can then file an appeal.

If you've already submitted your claim, you can submit a written and signed statement amending your AOD. You can use a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf) for that purpose, but Social Security will also need to have you complete a form SSA-821 (https://www.ssa.gov/forms/ssa-821.pdf) describing any work that you did after your AOD. If you have already submitted your claim and if you know the name of the person who's handling your claim you should probably contact them first so that your paperwork can be properly associated with your claim.

Best, Jerry

My husband filed for Social Security Benefits in early 2021. He reached FRA in 2020. He received 6 payments (Mar – Aug). We found that we did not need the money and were told by SSA that he could suspend payments since he was within the first year of applying. We were advised that this was allowed one time and that when he decided to reinstate payments, he would also be taking advantage of delayed retirement credits. In Oct 2022, he called SSA and told them he was ready to start payments again. The lady he spoke with said it would take a month or more to process. However, one week later, a large deposit (over $34,000) showed up in our bank account. He was informed that this was a lump sum of retroactive payments for him, going back to the last date he received a payment in 2021. He was told that he had no choice and was required to accept the lump sum payment and would not be taking advantage of delayed retirement credits. From everything I read, this seems totally incorrect, but 2 different people at our local office insist this is true. Are they correct and if not, how can we fight this?

Hi. What apparently happened to your husband certainly doesn't sound correct. When your husband decided that he didn't want to continue receiving benefits he had 2 choices. One was to withdraw his application and repay the benefits that he had already been paid. That's the option that's limited to the first year after applying (https://www.ssa.gov/manage-benefits/cancel-your-benefits-application).

Your husband's other option was to voluntarily suspend his benefits. Voluntary suspension requests can be made any time between full retirement age (FRA) and age 70, and there's no set limit to the number of times you can voluntarily suspend benefits. However, the earliest that you can suspend benefits is effective with the month after the month you make your request, and the earliest that you can reinstate your benefit payments is effective with the month after the month you ask Social Security to reinstate your benefits. As far as delayed retirement credits (DRC) are concerned, you only earn DRCs for months that you aren't paid benefits between FRA and age 70.

Therefore, if your husband chose to voluntarily suspend his benefits instead of withdrawing his application, his benefits should not have been paid retroactively. And, he should be credited with DRCs for the months that his benefits were suspended. If your husband had withdrawn his application instead of suspending his benefits he would have needed to re-apply for his benefits. In that case he could have opted to claim benefits retroactively for up to 6 months prior to the month he re-applied, but it would not have been mandatory.

The bottom line is that if your husband voluntarily suspended his benefits and if he called Social Security in October 2022 to request reinstatement of his benefits, the earliest month for which his benefits should have been reinstated is November 2022. Retroactive reinstatement of voluntarily suspended benefits ceased to be a valid option after April 29, 2016 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409130).

It sounds like your husband should be able to file an appeal request, and he can find the instructions for doing so in the following Social Security publication: (https://www.ssa.gov/pubs/EN-05-10058.pdf).

Best, Jerry

I need clarification on spousal benefits... my husband receives $3000 a month before taxes, I receive $1600 a month. We are both 66 years old. Are you saying that I can collect 1/2 of my husbands benefits as well as my own?

Hi. No. The only way that you can collect a spousal benefit in addition to your own benefit is if your spouse's primary insurance amount (PIA) is more than twice as much as 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).

Even if your PIA is less than half of your spouse's PIA, though, you can't collect a full spousal benefit in addition to your own benefit. The most that you could be paid is essentially the higher of your own benefit rate or your spousal rate. If you're drawing your own benefits and if your PIA is less than half as much as your spouse's PIA, then you can potentially be paid a partial spousal amount that can amount to as much as the difference between your own PIA and half of your spouse's PIA.

Best, Jerry

I retired and filed for my Social Security benefits at age 70. My question is about filing for benefits as a surviving divorced spouse, since my ex-husband recently passed away.

A bit of background: prior to filing for my own benefits, I had filed for and had been receiving Social Security benefits based on my ex-husband's earnings. I filed for those benefits at my Full Retirement Age. That filing was prior to the Social Security rules change regarding spouses and former spouses. Around 2015, as I recall. Then, I switched to benefits based on my own earnings at age 70, as mentioned above.

Yes, we were married for more than 10 years.
Yes, I have not remarried.
And yes, I bought, read and studied your book, Get What's Yours (the original edition). Plus others, including Money Magic.

Now, my question: do I qualify for benefits based on my late ex-husband's earnings?
(He earned significantly more than I did.)

Thank you for your help in navigating such a complex, but critical system.

Hi. Yes, as long as your survivor rate is higher than your own benefit rate then it sounds like you'd qualify for surviving divorced spousal benefits. The survivor rate that can be paid to a widow or surviving divorced spouse depends on several factors, including the deceased worker's primary insurance amount (PIA), and their age at the time they died or started collecting Social Security retirement benefits.

Assuming that you are eligible for survivor benefits you'll need to file an application for them. You can't apply for survivor benefits online, though, so you'd need to call Social Security and make an appointment to apply either by phone or in person at a Social Security office.

Best, Jerry

Hi Larry, my question is about getting an error made by the Social Security folks corrected as it has left me in limbo with regards to Medicare.

I'm 66 and decided to apply for Social Security benefits last July. One month later I inherited some money and decided to withdraw my claim. The form for this asks if you want to suspend Medicare as well which I clearly answered no. The issue is that the agency went ahead and suspended my Medicare on November 30, two days before I was scheduled to vacation outside the US... as you can imagine I was in a bit of a panic. After a trip to my local SS office I was informed what happened and they put in a request to have it fixed, however now two months later I'm still waiting and they say there is nothing they can do to speed up this process. Do I have any recourse? Very frustrated as this seems like a simple thing to fix and was due to no fault of my own. I'd appreciate any advice you can provide. Thanks!

Hi. Unfortunately, not much can be done to get Social Security to do things faster. The only thing I can suggest is to contact the offices of either your U.S. representative or one of your U.S. senators to ask them to contact Social Security on your behalf. In my experience, inquiries received from members of congress on behalf of their constituents can often expedite Social Security's handling of a case.

Best, Jerry

My advantage plan charged Dec. and Jan premiums for Medicare B which I paid only to now find out it is deducted from my benefits?? Will they reimburse me.?

Hi. Yes. Duplicate Medicare premiums that are withheld from Social Security benefits should be refunded automatically. You may need to be patient, though, because it takes some time for the information to be exchanged between the Medicare Advantage insurance companies and Social Security.

One fact I'll mention for clarity is that even though Social Security benefits are paid a month behind, Part B Medicare premium deductions are for the current month's coverage. In other words, Social Security benefits paid in December are for November, but Part B premiums deducted from Social Security payments received in December cover the person's Medicare premium for December. That often causes confusion over how much, if any, of a premium overpayment actually occurred.

Best, Jerry

I just retired in December 2022. My SS payments will start 4/1, I delayed to obtain an increased amount. I would like to know if I can receive and payment from annuities monthly or cash out my pension and if that would affect my SS or Medicare payments

Hi. Any income that you receive from annuities or pensions won't affect either your Social Security benefit rate nor your ability to be paid Social Security benefits. Only earned income (i.e. wages or self-employment earnings) counts for purposes of the Social Security earnings test (https://www.ssa.gov/benefits/retirement/planner/whileworking.html), and even earned income doesn't affect a person's ability to collect benefits once they reach their full retirement age (FRA).

However, the amount of both a person's earned and unearned income can have an impact on their Part B Medicare premium rate. For more information in that regard, refer to the following Medicare website: https://www.cms.gov/newsroom/fact-sheets/2023-medicare-parts-b-premiums-and-deductibles-2023-medicare-part-d-income-related-monthly.

Best, Jerry

I made a call to SSA to find out what my benefits will be at 68. They gave me a total but I think it's incorrect. But, in their defense they said it was an estimate.
1) I did receive 8% for deferring calculations
2) I did not see any COLA increase calculations
3) SSA stated that I wolud need to apply for social security benefits & then appeal.
4) Why would I apply if they don't have a final amount?

Hi. Social Security benefit calculations are complex, and they depend on numerous different variables. So, until you file an application that gives Social Security all of the information that they need in order to accurately calculate your benefit rate, all they can give you is an estimate.

Our software is programmed to accurately calculate Social Security benefits based on the information that you provide, so before applying for benefits you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Good Morning!
I currently live in Bermuda and will be retiring and moving back to the US at age 65 (my retirement age is not until 66 8 months). I have been living here for the last 39 years. I am not an expat - I have dual citizenship. Bermuda does not have a totalization agreement with the US. I have been making contributions to the US social security system and also the country I am living in. I am currently receiving a widow's pension in Bermuda. Will my US social security benefits be effected? What happens if and when I get remarried and start collecting MY actual benefits from the foreign country - how will that affect my US SS benefits?

Hi. No. Your foreign pension could only affect your U.S. Social Security benefits if the foreign pension was based on your own earnings. Spousal or survivor pensions that a person receives from foreign countries don't affect their U.S. Social Security benefits.

However, if you start collecting a foreign pension that's based on your own earnings then your Social Security retirement benefit rate could be reduced due to the Windfall Elimination Provision (WEP). The amount of any such reduction depends on multiple different factors, so you may want to 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

My husband started taking benefits at 62 and has a small benefit. I plan to start taking benefits in January of 2023 and my benefit will be almost double. How does his benefit impact mine and vice versa? Should he switch to a spousal benefit and how?

Hi. Your husband can't switch from collecting his own benefits to collecting spousal benefits instead. What he could do is apply for spousal benefits when you apply for your benefits, but he'll only qualify for spousal benefits in addition to his own benefits if his primary insurance amount (PIA) is less than half as much as your 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).

So, in other words, unless either your or your husband's unreduced FRA rate is more than twice as much as the other spouse's unreduced FRA rate, then for as long as both of you are living you'll just be able to collect benefits on your own respective accounts.

Before applying for benefits, 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