Devin Carroll

Dorie...the 'last 60 month rule' will allow you to qualify for BOTH a survivors benefit and your teacher's pension. It's very important to do this correctly! The last 60 months must be spent at an employer who contributes to both social security and the LA teacher's pension. Additionally, you cannot mix employment! If you work even one day at an employer who is does not pay into social security you will undo all of your effort. Check this article out for more information. https://socialsecurityintelligence.com/the-government-pension-offset/. Also, check out the SSA piece on the last 60 month rule. https://secure.ssa.gov/poms.nsf/lnx/0202608107

I don't think you have to file for Medicare in order for her to file. Check out the following language from medicare.com "If you’re married and haven’t worked in a paying job: If your spouse is at least 62 years old, and has worked at least 10 years paying Medicare taxes, you can enroll in Medicare when you turn 65, including premium-free Part A. If your spouse is younger than 62 when you turn 65, you won’t qualify for premium-free Part A until your spouse turns 62 (if your spouse has worked and paid Medicare taxes for at least 10 years)." Find the full version at https://medicare.com/original-medicare/im-getting-married-need-medicare/

Short answer...yes you can. However, the SSA will often dispense advice in this area that is not correct. Watch these videos to make sense of the rules and keep you protected when it comes time to file.

Yes you can. Unfortunately, the SSA often will misadvise individuals about this. Check out these videos I made recently on Social Security survivor benefits. https://www.youtube.com/playlist?list=PLKl2hxYLLF9E_edTXVWZJOM-O0sTM_bQW

Yes...you can delay filing for survivor benefits if your spouse dies before your FRA. If you file for your own, you do not have to automatically switch to survivor benefits. Important to note, the SSA has a system for searching for the highest payments and you could be automatically switched. If your spouse dies, carefully watch your benefit amount for increases and get it stopped as quickly as possible if you see an increase.

This is certainly a multi-part question that requires a much more thorough analysis before a good question can be found. Here are a couple of places I would start. First, find out what benefit you could get as a 'child-in-care' benefit. This is typically 50% of the higher earning spouse's benefit. In this case, the family benefit maximum would limit the amount that was paid to a lower number. Second, if you truly believe the life expectancy of your spouse is shortened, filing early for your own benefit could make sense. If your spouse dies, you'd be eligible for a slightly higher benefit from his record. Keep in mind that the earnings limit will apply if you file early. Here are a few resources:

She can't receive both. Is the spousal benefit more than her disability benefit?

Hi Tom...your wife's benefit can be up to 50% of your full retirement age benefit, but since she filed early, the portion of benefit from her own work history was reduced. Here's a video that explains a scenario in which an individual became entitled to their own and spousal benefits at separate times.

Those overpayment notices can be almost impossible to decipher. First, I'd get someone to explain exactly what months are being withheld. Then, once that makes sense, I'd ask the SSA for a payment plan that will satisfy the SSA but also give you a monthly benefit.

If you think the WEP is unfair, you don't want to know about the GPO. ? The WEP is a reduction to benefits from your work history, the GPO is a reduction to spousal or survivor benefits. The reduction amount is equal to 2/3 of your government pension. Check out this article for more information on the GPO. https://socialsecurityintelligence.com/the-government-pension-offset/

If your son's disability occurred before age 22 he should be eligible for a benefit when you file. As long as your spouse does not earn in excess of the earnings limit, she should also be eligible for an unreduced spousal benefit.

If a child is receiving benefits from Social Security, they are subject to a limit on the amount of earnings they can receive from wages or net earnings from self employment. These income limits change on an annual basis and for 2019 is set at $17,640.

When you first started receiving SSDI you were getting around $1,600? Now you receive $754? Where does the $283 come in?

Here's an article that I wrote where I propose that the last repeal measure would do more harm than good. https://socialsecurityintelligence.com/the-social-security-benefit-reduction-act-of-2015/

Yes...but don't hold your breath. The WEP "repeal" that has been talked about isn't really much of a repeal. Instead, most proposed legislation simply replaces the WEP formula with a new formula called the public service fairness formula.

Hi Broomer...it sounds like you have it mostly correct. One thing to note is that until you file for your benefits, she will not be eligible for her spousal benefit. This means that if she doesn't become eligible for that benefit until her FRA, the spousal top off amount will not be reduced. Check out this video for more details on how this calculation works.

Just so I'm clear...the county job that you held did not withhold SS taxes? Do you have an estimate of your benefit amount?

It sounds as if your long term care disability policy has a SSDI Offset provision. This permits your insurer to deduct other income you are receiving due to your disability. SSDI is one such source of income. I'd read through your policy and see what the exact language is on offsets.

They can and will. Whenever a minor child receives a benefit, the Social Security Administration pays the benefit to a representative payee. This individual is often a parent and is responsible for managing the benefits on behalf of the child. One of the responsibilities of the representative payee is to make an annual accounting of how the Social Security benefits have been used through a Representative Payee Report on Form SSA-6230. This form requires you to report the amount of the child’s benefit that was spent and the amount that was saved. If you have saved part or all of the benefit amount you’ll also be required to list the institution where it was saved along with the account numbers. IF you haven’t spent all the money, the SSA will require you to send it back to them when your child turns 18. This is because your child is considered an adult in their eyes and they will begin to deal directly with them. This surprises many who were trying to do the prudent thing and save the checks for the child’s car, college tuition or some other important expense. You can see the Social Security Administration’s page titled “Transfer of Conserved Funds“on this topic for more information.

Since this question was a little outside of my area, I reached out to John Ross, an Elder Law attorney and co-host of the Big Picture Retirement podcast. Here's what he said. "There may be ways but it will depend largely on what type of benefits you are receiving and what state you are currently located in. My recommendation would be to go to www.naela.org and find an elder law attorney near you. If there are options, they will know."

Your husband's SSDI benefit is the same as his full retirement age benefit. If he dies, this is the benefit for which you'll be entitled. If you file for this benefit prior to your full retirement age, it will be reduced. Check out this video I made that discusses the Social Security survivors benefit and how it works.

When I'm looking for specific sections, I go to the SSA website or one of the outside sites like Cornell

Up to 85% of your Social Security benefit could be counted as taxable income. How much depends on a measure they call "provisional income" which is basically all of your other income. For a visual explanation, check out this video I made

As long as you pay Social Security tax on the earnings, you should receive credits for the work.