Ask Larry

Hello, My SSI was wrongfully terminated for resources and income 5/2021 without notification until 9/21 when I applied for ssdi. I explained over and over the stimulus payments were counted as resources, and I was not over for 12 consecutive months for termination. The FO created a new ssdi claim stating I had new medical evidence and a new condition to add. They changed the onset date to after last date insured and application date to cancel my appeal. I submitted the EXR form for ssi reinstatement 2/2023, so I could appeal a written decision, they would not send a written denial. I have recorded calls from both programs including supervisors and managers. I have complained to other offices without a resolution. The Civil Rights Division did not acknowledge my fraud complaint but acknowledged denying ssdi claim less than 24-hours was a customer service issue. What can I do? The ALJ's summary included information from FO application after I provided supporting documentation of fraud.

Hi. It sounds like your options would come down to either pursuing a further appeal, or filing a new application(s). I can't comment on the merits of a potential appeal without access to all of your records.

If you have already appealed and received a Hearing determination from an Administrative Law Judge (ALJ), the next step of appeal would be to request an Appeals Council (AC) review. If that's unfavorable, you can file a federal district court action (https://www.ssa.gov/apply/appeal-decision-we-made). Note that unless you have good cause for late filing, you must request the next step of appeal within 60 days of receiving notice of the determination on your prior appeals step.

Best, Jerry

Hi Larry

I was a full-time mom while my ex-husband who is now deceased earned a good salary. He died at age 70 and I don't know whether he ever collected benefits. We were married for 16 years and I believe I would be entitled to spousal benefits. I have just turned 65 years old and have not started taking benefits yet. my own lifetime earnings are quite low. What are your suggestions as to how and when to claim spousal benefits? Thank you!

Hi. I assume that you're currently unmarried. Your best filing strategy depends largely on if and when your ex-spouse started collecting his Social Security retirement benefits, and how much you're earning if you are working.

It sounds like your best strategy for claiming benefits would likely be one of the following:
1) File for reduced survivor benefits now 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 now or as soon as your earnings will permit at least some benefits to be paid, then file for unreduced survivor benefits at your full retirement age (FRA). However, if your ex collected reduced Social Security retirement benefits prior to his death then you almost certainly would want to claim survivor benefits earlier than your 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. Our software (https://maximizemysocialsecurity.com/purchase) could help sort all of this out for you so that you can determine the best strategy for maximizing your benefits, but for best results you would first need to find out from Social Security if your ex-spouse collected reduced retirement benefits prior to his death.

Best, Jerry

I'm trying to get an audit of my account. I only received $1.00 for my March 2023 payment in my account on April 21, 2023. My questions are a bit lengthy for this platform, but no one at my local office can explain how my account was calculated. I have also sent letters and documents to the PG County Executive, Comissioner of Soc Sec, and Mayor of MD. No response from anyone as of yet. What other recourse can I take?

Hi. There is no procedure for requesting an 'audit' of your account. Social Security should be able to provide an explanation of why your payment amount was $1, but you may need to speak to several different Social Security employees before you reach someone with enough training to do so. Your best plan is probably persistence. If you aren't satisfied with what you're told, you can try asking to speak with a supervisor or technical expert. Or, you could try calling again to speak with a different employee.

If you're seeking help from an outside source in dealing with a Social Security problem, the most effective source of help would probably be the offices of either your U.S. congressperson, or one of your U.S. senators. Congress is responsible for passing Social Security laws and for providing funding to the Social Security Administration, so inquiries from members of Congress that are submitted to Social Security on behalf of constituents can frequently result in an expedited resolution.

Best, Jerry

Hi, I unfortunately don't have any official documents but I'm in the process of getting my CRBA. Other than that, I don't have an ID or passport or anything to prove my identity to get a Social Security Card. Is there something else I can use to prove my identity? For reference, I am a legal citizen born on an Air Force Base, but all of my documents were lost. I'll be 18 by the time my CRBA gets here, so I won't be able to have my parents get me my ssc, I don't believe. Thanks!

Hi. Numerous different documents can be used for proof of identity, and exactly what documentation is required depends on whether you're requesting an original Social Security number or a replacement card. Instructions for the type of evidence needed in either case, along with examples, are outlined on the following Social Security website: https://www.ssa.gov/ssnumber/ss5doc.htm.

If required documents were lost, you may need to request replacements from the agency that maintains the original documents. Addresses for those sources can usually be found using an internet search.

Best, Jerry

Thank you for sharing your knowledge! I'm 67 in May 2023, it's April, and I received a letter from the SSA stating that I can apply and qualify for retirement benefits. In the letter it states and I quote, “You should get in touch with us right away because the date you file can make a difference in the amount of benefits we can pay.” “if you file application within 6 months of the date of this letter, we will use April 13, 2023, the date of the original request, as the filing date.”

I'm not planning on retiring for a couple of more years. I'm retired from the government CSRS since 2011 with 37 years service and drive a school bus presently part time which I suppose has qualified me for SS retirement benefits. I hadn't planned on applying but my wife who is 62 in June has already applied for her SS and she might get more if I apply too? Draw off of me and vice versa?

My 2 questions are what is so important about when I should apply? And could my wife draw more off of me?

Hi. There's no reason to apply for benefits until you want to start drawing them. What you apparently received is called a six-month closeout letter, which Social Security sends to people who have established a protective filing date but haven't yet applied for benefits. In your case, the protective filing date was likely established as a result of you being listed as a spouse on your wife's application for benefits. In any case, unless you want to start drawing benefits now, you can simply ignore the closeout letter.

Your wife could only receive spousal benefits from your account if your primary insurance amount (PIA) is more than twice as much as her own PIA. And, the only way that you could qualify for spousal benefits from your wife's record is if her PIA is more than twice 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).

In case you aren't aware of it, unless you paid Social Security taxes on the earnings on which your CSRS pension is based, then your PIA will likely be lowered due to the Windfall Elimination Provision (WEP). WEP can cause a person's PIA to be calculated based on a less generous computation formula than the one that's normally used to calculate a person's PIA (https://www.ssa.gov/pubs/EN-05-10045.pdf).

Our software is fully programmed to handle both WEP and non-WEP PIA 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

My ex husband is has been receiving SSDI payments for approx 6 years. I have custodial custody. My children were temporarily in his home for a year after my home had a fire. During that time I found out he applied for SSDI auxiliary parents for the children. They were 11,12, and our disabled 16 year old. He received payments for the children that continued AFTER they moved back home with me. My question is, my children, nor myself, have ever seen a payment? Apparently they get sent to him, at his residence and NOT to my children? I'm wondering if that's normal? We lived in a different state while he was getting benefits and was not spending any time with them so therefore, not providing ( other than child support taken from his SSDI payment) . Our oldest, now 22 is disabled and living with him until I add space for him in my new home, then he will come back with me in my care. Who will receive my disabled sons DAC payment? I'm concerned he will not give it to my son for his needs, and that he would keep the money for himself like the other children's payments. What should I do about this? Social security will not speak to me because they say my ex husband is my disabled sons representative payee? Please help!!!
Thank you.

Hi. Probably not. In almost all cases, the custodial parent is appointed as payee for benefits payable to minor children and disabled adult children who are unable to manage their own benefits. If your children's benefits were sent to your ex-spouse while they were living with you, it's likely because Social Security was unaware that you had custody. If you could go back in time, what you should have done is to apply to be appointed as the representative payee for your children when they returned to live with you.

Regarding your children's past benefits, if your ex-spouse did not use the children's benefits for their needs while they were in your care or save the benefits for them, then you should contact Social Security and ask them to investigate your ex-spouse for misuse of the children's benefits.

Also, if any of your children are still receiving benefits and if they're living with you, you should call of visit Social Security in order to apply to be appointed as their representative payee. And, although you could apply now to be appointed as the representative payee for your disabled child, Social Security probably won't select you to be his payee while he is living with his father. You may want to review following Social Security publication for more information about the representative payee program: https://www.ssa.gov/pubs/EN-05-10076.pdf.

Best, Jerry

I am 68 years old and still waiting to begin collecting SS benefits. My wife is also past FRA and is collecting her benefits. My latest SS statement shows my spouse's survivor benefit being what I calculate to be my current PIA. I calculate my current PIA to be what it was in 2021 (when I turned 66 and 2 months) multiplied by the last two years inflation factors of 5.9% in 2022 and 8.7% in 2023. Indeed, using this calculated PIA yields the same result at 70 ( which for me is 46 months of 2/3% per month increase) as what my SS statement shows. So I feel confident that my adjusted PIA is correct. My question is: If I die before beginning my benefits, is my wife's survivor benefit stuck at what my PIA is at the time of death, whereas if I was taking benefits and then die, she would get my actual benefit, assuming it was more than hers? Of course since I am well past my FRA, my actual benefit when I begin collecting will be quite a bit more than my PIA. Am I missing something here? The line on the SS statement that I am refering to is under Survivors Benefits and is titled "Spouse, if benefits start at full retirement age" . I assume that means if your spouse is at full retirement age when she would begin receiving such benefits, not me since the system should know I am already past that point. Just want to make sure there is not a loophole here where spouse can really get shortchanged if I would pass away before starting my benefits.

Thanks!

Clint

Hi Clint. If you die before starting to draw benefits your wife's survivor rate would be calculated based on the benefit rate you would have received if you had started drawing your benefits effective with your month of death. That would include any delayed retirement credits (DRC) you had accrued up until the time of your death. Just to clarify, though, your wife wouldn't get both her own benefit and your full benefit, just the higher of the two amounts.

So, your wife won't be shortchanged if you continue waiting to collect your benefits. In fact, waiting until age 70 to start your benefits would assure your wife of her highest possible survivor rate. However, if your wife starts drawing survivor benefits prior to her full retirement age (FRA), then her benefit rate would be reduced for age. 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 for you and your wife.

Best, Jerry

On my income now. At the full benefits at 67 what will I get monthly.

Another question if I retired at 62 what will I get monthly. I was born December 24 1963

Hi. Social Security retirement benefit rates are based on an average of a person's highest 35 years of Social Security covered wage-indexed earnings, so your benefit rate will depend on your earnings history. Your exact benefit rate can't be calculated until shortly prior to the year you reach age 62, but you could use our software (https://maximizemysocialsecurity.com/purchase) to get an accurate estimate of your future benefit rate. The software would also allow you to fully compare and analyze all of your filing options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

I have received lump sum workers compensation benefit on my wife behalf due to her death related to her employment many years ago. Now I can collect survivor's benefit (I am over 62) and I am also applying for SSDI benefits. Would my SSDI benefit or survivor benefits can be potentially offset by SSA because I received workers compensation lump sum on behalf of my wife?

Hi. No, if you received a workers compensation settlement based on your wife's employment related death it won't have any effect on either your Social Security disability (SSDI) or survivor benefits. You may want to 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'm 50 and considering leaving the US permanently I do have dual citizenship and will be violating a Court Child Support order. In doing so I will be committing a Felony by owing more than $10,000 in Child Support, which in turn will have my US Passport and Drivers License suspended. My question is how would I be able to apply for Social Security Benefits at age 62 when I'm outside the US without any valid ID? I do understand that my Social Security Benefits can be Garnished. I am not willfully trying to flee the US because of Child Support but because of health and my spouses foreign opportunities.

Hi. If you're a U.S. citizen and if you have at least 40 quarters (QC) of Social Security coverage, then you could almost certainly be paid Social Security retirement benefits as early as age 62 even if you're residing outside of the U.S. There are only a handful of countries where U.S. Social Security benefits can't be paid, such as Cuba and North Korea (https://www.ssa.gov/pubs/EN-05-10137.pdf).

However, as you mention, your benefits could be subject to a garnishment order for child support. And, Social Security benefits can't be paid to people who are incarcerated due to a felony conviction.

Instructions for applying for benefits while outside of the U.S. can be found on the following Social Security website: https://www.ssa.gov/foreign/foreign.htm. The type of documentation required by Social Security depends on the circumstances involved, but you wouldn't necessarily need a valid form of U.S. identification. I imagine that you would likely have some type of foreign ID to prove your identity.

Best, Jerry