Ask Larry

Hello,
My wife took her retirement benefit in July, 2022, which made me eligible for a spousal child-in-care benefit at the same time (I thought). After a very long application saga, which formally began in October, 2022, I finally received my benefit letter which makes it look like my benefit is retroactive to October of 2022, not July (although it's not 100% clear). Is there some reason for the 3-month delay, or did they just get it wrong? During my application process I thought I had confirmed several times that this would be retroactive to July.
Additionally, they are withholding Medicare premiums from the back payments. Since turning 65 in October, I have been paying these out of pocket. Are these out-of-pocket payments going to be refunded to me somehow or am I going to have to argue with them about this too?
Thanks for all your help.

Hi. If your wife's initial month of entitlement to Social Security retirement benefits was July 2022 and if you applied in October 2022, then as long as you met the requirements for child in care spousal benefits in July 2022 then first month of entitlement should have been retroactive to July 2022 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html). No retroactivity from the application month is allowed for reduced spousal benefits, but since child in care spousal benefits are not reduced for age those benefits can be retroactive for up to 6 months (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204030). In your case, though, only 3 months of retroactivity is possible since you can't qualify for spousal benefits for any month(s) prior to your wife's initial month of benefit entitlement.

Any Medicare premiums that are withheld for months that you've already paid out of pocket should be automatically refunded to you. You'll probably need to be patient, though, because it takes awhile for Social Security to coordinate with the Medicare people.

By the way, you may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your filing options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

My husband died in 2018. My 20 year old developmentally disabled son is receiving social security survivor benefits through my husband (as well as some ssi). Do you recommend I wait to apply for survivor benefits for myself until I retire? I make too much money to receive any money if I apply before I retire, but is there any advantage for me to apply at 60? Will my son's social security survivor benefit be reduced when I start receiving survivor benefits? Will my benefit be the same as my son's? I am 59, planning to retire in the next 2-3 years. I don't plan to claim my own social security until at least age 67.

Hi. I'm sorry for your loss. Your best filing strategy depends on a number of different factors, such as how much you'll be earning annually between now and your full retirement age (FRA), whether or not you could qualify for child in care survivor benefits, and the comparative amounts of your unreduced Social Security retirement and survivor benefits.

If you don't meet the requirements for child in care survivor benefits, your best strategy for claiming benefits would likely be one of the following:
1) File for reduced widow's benefits at age 60 or as soon as your earnings will permit at least some benefits to be paid, then switch to your own record at age 70; or,
2) File for reduced retirement benefits on your own record at age 62 or as soon as your earnings will permit at least some benefits to be paid, then file for unreduced widow's benefits at your full retirement age (FRA).

Normally, you would want to start out drawing the lower benefit first and then switch to the higher benefit when it reaches its highest potential rate. However, if you are eligible for mother's benefits based on having a child in care (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0415.html), then additional options would be involved.

The monthly amount for which you'd be eligible depends on whether you qualify for mother's benefits or widow's benefits. But, regardless of what type of benefits you're eligible for, some or all of your benefits could be withheld until you reach FRA due to Social Security's earnings test (https://www.ssa.gov/benefits/retirement/planner/whileworking.html).

Our software (https://maximizemysocialsecurity.com/purchase) could help you sort all of your various options so that you can determine the best strategy for maximizing your benefits.

Best, Jerry

I have been disabled before 19 and I draw SS mad SSI I have been married 3 times going threw a divorce now I was told where I have never draw SS from my dad that after my divorce I can draw from him can I Thanks

Hi. If you're currently unmarried and if you've never collected benefits on your father's Social Security record in the past, then you may be eligible for disabled adult child's (DAC) benefits. There isn't enough information in your question for me to be able to know if you would meet the requirements, but you can make an appointment to apply by calling Social Security. There probably wouldn't be any point in applying before your divorce is final, though, since being unmarried is one of the requirements for DAC benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0323.html).

Best, Jerry

started my fire department pension march 1 1974. spent 25years on the dept.and retired in1999. started my social security in 2009.and was told that my $900 quote from social will be reduced to $600 because of the windfall elimination provision . it has come to my attention that if a firefighter had 10 years vested in the pension system prior to 12/31/ 85 . WEP. does not apply . i should have been paid the full amount. i found that a law suit was brought against social security.11 circuit court of appeals April16 2003. Ralph Stroup plaintiff-appellant,V joann barnhart social security commissioner. how do i get my money back the full amount.

Hi. Just to clarify, in order for you to meet the exception to the Windfall Elimination Provision (WEP) based on pension eligibility prior to prior to January 1 1986, you would actually need to have been eligible to start collecting your pension before then. In other words, you would not only have needed to have been 'vested' before then, you would also need to have met all of the eligibility requirements to start drawing your pension prior to 1986, including meeting the minimum age requirement.

For example, even if a person had 40 quarters of Social Security coverage prior to 1986, they wouldn't have been eligible to actually have started drawing Social Security retirement benefits until they reached age 62.

In any case, though, if you think that WEP has been misapplied in your case you can try filing an appeal. However, it sounds like you'd need to establish good cause for late filing since appeals must normally be filed within 60 days of the determination that's being appealed (https://www.ssa.gov/OP_Home/cfr20/404/404-0911.htm). Or, if you think that you have evidence that Social Security's determination was wrong in your case and if it's too late to file an appeal, you could submit a written request to Social Security to reopen and revise the determination on your claim (https://secure.ssa.gov/apps10/poms.nsf/lnx/0204001001).

Best, Jerry

I am 63 my wife is 58 and she did not work. She wants to collect at 62. Will she receive more if I do not start collecting age 63 and I wait a few more years before I collect.

Hi. Taking your benefits early wouldn't adversely affect your wife's spousal benefit rate while you're living, but it would limit the amount she could be paid as a widow.

If you start drawing your benefits at 63, for example, the most that your wife could be paid in the event of your death is the higher of a) your reduced benefit rate or b) 82.5% of your 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). On the other hand, if you were to wait until 70 to start drawing your benefits and if you subsequently die before your wife, she could get up your full age 70 rate as a widow.

You and your wife may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

I got approved for social security disability benefits I'm waiting on back pay deposit for 2years and 2months can I get a personal.loan while I get my deposit in the next 30 days

Hi. You can't get a loan from Social Security, but taking out a loan from some other source wouldn't have any adverse effect on your Social Security disability (SSDI) benefits.

Best, Jerry

I believe my WEP PIA calculation by SSA is inaccurate.

Before filing an appeal with the SSA, however, I would like to validate my calculations of WEP PIA..

If I were to purchase your Software for Household, would I be able to replicate my WEP PIA so I can see if the SSA has computed my benefits accurately?

Thank you.

SS

Hi SS. Yes, our software (https://maximizemysocialsecurity.com/purchase) is programmed to handle all of the possible calculations involved in the Windfall Elimination Provision (WEP), including the WEP guarantee provision. The only thing that you would need to do to get an accurate benefit calculation would be to convert your foreign pension amount into U.S. dollars using the currency converters linked in part D.1 of the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605372.

The applicable foreign exchange rate to use would be the first day of the first month that you were entitled to BOTH your foreign pension and your U.S. Social Security retirement or disability benefit.

Best, Jerry

I've received S. S. I. benefits since 2004,my husband and I have been married since 2002. In the state of TN. I am aware that in that state there is no such thing as "legally separated". This state considers it either married or divorced. No mediums on anything. we separated in June of 2013... of course my retroactive s. s. I. 1st check saported him & social security knew that, only allowing him (Or us) to make no more than $700 more per month.. my husband received his 3 yr. retro SSI in 3/2023.. Am I entitled to any of that money???
signed struggling & done dirty.
in march

Hi. Not as far as Social Security regulations are concerned. Supplemental Security Income (SSI) is needs based, and is payable to individuals who meet the eligibility requirements. There are no family benefits (e.g. spousal, child, widow, etc.) payable from the SSI program. The only way that the spouse or child of a person who's collecting SSI benefits can qualify for SSI is if they also meet the eligibility requirements for SSI.

Therefore, per Social Security law there would be no obligation for your spouse to share with you any SSI benefits that were payable to him.

Best, Jerry

I'm 63 years old I would like to know if I can get my deceased benefits if he got Social Security Disabilities

Hi. You meet the age requirement for widow's benefits, so if you are a widow and if you meet the requirements outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html, then you could claim reduced widow's benefits now. However, if you're still working, Social Security may need to withhold some or all of your benefits until you reach full retirement age (FRA) depending on the amount of your earnings

The best time for you to claim widow's benefits depends on several different factors, such as whether or not you're eligible for Social Security retirement benefits, and the amount of your earnings, if any. 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

Hi there,

This question is on behalf of my mother. My mother was receiving social security benefits. When my father passed away in 2021, we applied for SSA Survivor benefits for her. As her savings have worn away she's in need of additional financial assistance. However, since she receives survivor benefits she surpasses the income limits for eligibility in state programs such as NJ FamilyCare ADB. If we were to remove survivor benefits she would qualify for the state assistance. Is there a way to accomplish this, can from SSA 521 be used for this?

Hi. Your mother could withdraw her application for survivor benefits by using a form SSA-521, but she'd then have to repay all of the survivor benefits that she's received up to the time of her withdrawal. Or, she could potentially waive receiving any further benefits using a form SSA-149 (https://secure.ssa.gov/poms.nsf/lnx/0202409040).

HOWEVER, many if not most public assistance programs require people who apply for their programs to also file for any other benefits for which they are eligible. I'm not familiar with New Jersey state programs, so I don't know if they'd still approve your mother for assistance if she voluntarily chooses to stop receiving her Social Security benefits. Before doing anything rash, you'll want to make sure to check with the state agency that administers the public assistance program you'd be applying for to make sure that they will still approve your mother's claim for assistance if she withdraws or waives her Social Security payments.

Best, Jerry