Thank you so much Jerry. I am very grateful for your help. Can I just ask one more question about my situation? Is Social Security correct that, because I filed and suspended my benefit 1/14/2016, I am not eligible for Survivor Benefits while I wait until 70 to take my own benefit? I was surprised to learn this (there was no mention of it when we met with a representative to initiate File and Suspend) and had seen nothing about it in discussions of the file and suspend strategy.

My original question and your response are below. Many thanks again.

Debbie

YOUR RESPONSE TO MY FIRST QUESTION
Hi,

I'm sorry for your loss, and sorry to hear about the problems you are having.

I don't think there is a clear answer to your question given your
circumstances. You would normally have to submit your request for withdrawal
within one year of your month of entitlement in order to have your request
approved (https://www.ssa.gov/planners/retire/withdrawal.html), but Social
Security will sometimes make exceptions if you missed the deadline due to
misinformation you received from one of their representatives. It sounds
like this may apply in your case, but it's hard to tell what Social Security
will decide.

I really can't advise you whether or not to retain legal counsel if your
request for withdrawal is disallowed. Hopefully, Social Security will see
things your way without the need for further appeal.

Best, Jerry

MY QUESTION

Category: File and Suspend
>This is about receiving survivor (widow) benefits after doing File and
>Suspend.
> The facts:
> My husband (dob 3/1/1949) and I (dob 3/5/1949) initiated File and Suspend
>on 1/14/2016, retroactive to 7/1/2015. We were both working full time. I
>suspended my benefits and he collected on mine. We received one lump sum
>payment for that period. My husband died suddenly on 2/29/2016 (technically
>his 67th birthday). I went in person to the Social Security office several
>weeks later and was given the first available face-to-face appointment on
>5/31/2016. I informed the agent I met with about the File and Suspend (I had
>not received any further payments), and that I continued to work full time
>and intended to work until age 70, which he said was "not a problem". I
>began receiving Widow's benefits monthly. On 12/8/2016 I received an
>automated notice from Social Security telling me that I was NOT eligible for
>Widow's benefits and that I was required to return all of the money (about
>$26,000). I went to the Yonkers Social Security office on 12/13/2016 to
>schedule a face-to-face appointment to appeal this decision and took the
>earliest appointment I was offered, which was 2/2/2017. I met with an agent
>for over two hours, during which time she consulted her supervisor several
>times. It seemed to me that they were not clear on how to deal with my
>situation. In the end, they allowed me to submit a "Request for Withdrawal
>of Application" for the File and Suspend Application. The idea is that I
>would return the funds my husband had collected under that and that I would
>then be eligible for Survivor Benefits. I was told I would hear a decision
>within 30 days but as of yet I have heard nothing.
> My questions:
> 1. Because I requested a meeting about this BEFORE the one year deadline
>(but didn't actually meet with SS staff until AFTER), do I fall within the
>one year deadline to rescind my application for File and Suspend?
> 2. Given these facts, should I be eligible for Survivor benefits? Should I
>retain legal counsel if Social Security rejects my claim?
> Thank you!

Hi Debbie,

Even if you suspended your benefits prior to the April 30 2016 deadline (https://www.ssa.gov/planners/retire/suspendfaq.html), you could only receive survivor benefits to the extent that the amount of those benefits exceed your own suspended retirement benefit rate. Once you file for retirement benefits on your own record, that becomes your primary benefit for life even if you voluntarily suspend your benefits. If you subsequently become eligible for another type of benefit (e.g. spousal, widow's, etc.), you could only qualify for an excess benefit on the other record. By excess benefit, I mean the difference between your own retirement rate and the rate of the other benefit, assuming that the other benefit rate is higher.

For example, say your retirement benefit rate was $1500, and you also qualified for a widow's rate of $2000. Your excess widow's rate would then be $500. In other words, your combined benefit rate would amount to $2000, or $1500 plus $500. In this example, if you suspended your retirement benefit prior to April 30 2016, you could receive the $500 excess spousal benefit while your retirement benefits were in suspense.

Best, Jerry