Larry - I worked for the Railroad , NJ Transit for 7.5 years. I retired from there in April of 2017 at age 68.5. Currently I am collecting tier 1 benefits at $3,076 and my tier 2 benefits are at $299 per month. I also worked paying into Social Security for 43 years. I am turning 70 in October 2018, My Social Security benefits at age 70 are at $3,285 per month. I applied to Social Security to receive the $3,285 to replace my Tier 1 benefits, the difference being $209 a month (Tier 1 $3076 minus $3285 SS = $209). I was of the understanding that even though I am collecting Tier1 that I am entitled to the greater amount from Social Security at age 70. That my Social Security benefits were still accruing delayed retirement credits until I turned 70. My Social Security office is confused and not sure how to handle this claim. They claim that they are looking for and can’t find any law or rule that would apply to this case. Am I entitled to the higher amount and if so how do I go about explaining this to the people at Social Security.
Thank you in advance for helping out in this matter.
Best regards,
Robert

Hi Robert,

Yes, you would be entitled to the higher of a) your Social Security (SS) benefit rate, or b) your tier 1 Railroad Retirement (RR) rate. And, since you've waited until age 70 to claim your SS benefits you should be entitled to the delayed retirement credits (DRC) that would have accrued since you reached full retirement age (FRA). The only pertinent reference that I can find in Social Security's operations manual with regard to DRCs can be found here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615690. The wording in item A.5 refers only to DRCs in cases of widow(er) benefits, but I can assure you that during my 36 years of working for Social Security DRCs were also granted to the worker's themselves even if they drew RR benefits prior to age 70. So, unless Social Security has recently changed their interpretation of the law on that issue, I believe that you are entitled to DRCs on your Social Security benefits regardless of when you started drawing RR benefits.

It's certainly not your responsibility to explain to the Social Security representatives how to handle your claim, though. You just need to file your claim and if you're not satisfied the determination that ends up being made on your claim you will then have appeal rights.

Best, Jerry