Ask Larry

Is Social Security Right About Me Being Overpaid?

Hi Larry:
While at full retirement age 66 and working full time, I applied for and received SS benefits from my ex-spouse (living). Then, 6 months later, I retired and changed over to collect SS from my own account. Now, SS is billing me for the full amount I collected from my ex-spouse SS , the 6 monthly benefit payments and the 6 month retroactive benefit.
I had the understanding this was a recommended path to follow so my own SS would increase. The local SS office maintains they are due all monies from my ex-spouse's SS.
And of course, I got this 13k bill 14 months after I started SS from my own account. And I paid taxes on that income!
Are they right? I"m certain this method was recommended by you, Paul Solmon and many other sources.
Thanks a mil.
Anita

Hi Anita,

I can't tell from your description exactly what happened in your case. If you drew divorced spousal benefits for 6 months, and you were later paid the full retirement rate on your own record retroactively for the same 6 months, then yes you would likely be overpaid. If you are eligible for benefits on more than one record for the same month(s), you are only due the higher of the 2 benefit rates, not both.

If your own retirement rate is higher than your divorced spousal rate, your best strategy would likely be to file for divorced spousal benefits only at age 66, then switch to your own record at age 70. You may still be able to employ this strategy, but you would need to withdraw your claim for retirement benefits within 12 months of your entitlement date, and you would be required to repay the appropriate amount of extra benefits that you've received to date (https://www.ssa.gov/planners/retire/withdrawal.html).

Best, Jerry

Posted: 
Apr 28 2017 - 8:04am
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