Ask Larry

Are The Social Security Agents We Spoke With Misinformed?

I used your software to come up with my maximized social security plan. I am currently 65 (July 2018), my wife is currently 59 and will be 60 in December of 2018. We have a son who has been disabled since birth and has been receiving SSI for the past 6-7 years. He is now 26 years old. Your software recommended based on my inputs that I take retirement benefits starting December 2018, it also recommended my son take SSDI benefits at that time and that my wife apply for "child in care" benefits also at that time. Social security agrees (verbal with an agent) that my retirement and my son's SSDI should be applied for but have on two occasions with different agents told me that my wife cannot get "child in care" benefits. So I'm confused, is this a bug in your application or are the agents mis-informed?

Thanks
Ron

Hi Ron,

I answer the questions submitted via this forum, but I don't have access to customer records. Therefore, I don't know what information you entered into the software. If you have specific questions about the software or your results, you should submit an online contact form accessible from the help menu.

Regarding child in care spousal benefits, it is possible for a spouse with a disabled adult child in care to qualify. Assuming that your son lives with you and your wife, and if he is either mentally handicapped or requires personal services to care for a physical impairment (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0314.html), then I don't know why your wife wouldn't qualify for child in care spousal benefits. The Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking.html) would apply to your wife's benefits, however, so if she's earning more than the exempt amount (i.e. $17040 in 2018) it could affect her ability to actually collect benefits.

If the Social Security representative(s) you spoke with didn't explain why they believe that your wife doesn't qualify for child in care spousal benefits, you may want to try re-contacting them for an explanation. Regardless of what they say, though, your wife can insist on filing for benefits in order to get a formal determination of her eligibility from Social Security. The determination can then be appealed if necessary.

Best, Jerry

Category: 
Posted: 
Aug 13 2018 - 4:49pm
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