Ask Larry

Are The Social Security Employees I've Spoken With Correct?

I want to postpone my RIB until 70 years of age. My FRA is 66, 4 months. However, if I start receiving disability at age 65 and 4 months, it will automatically convert to RIB when I attain FRA. I've seen language in the POMS that states you can suspend your RIB anytime between FRA and 70. Howver, my local Social Security office says before I can do that, I must first withdraw from my disability (within the first 12 months), pay it back, and then suspend my RIB - doesn't matter if I'm at FRA or later. I've spoken to 5 different employess there and always get that answer. Who is correct? Thank you.

Hi. In spite of what you were told you can earn delayed retirement credits (DRC) by voluntarily suspending your benefits from full retirement age (FRA) until age 70, even if you started collecting retirement or disability benefits prior to FRA. You DO NOT have to withdraw your disability claim in order to request voluntary suspension once you reach FRA.

You should be able to voluntarily suspend your benefits either orally or in writing, but I would opt for a written request. You can do so using a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf). It's important to note that you must submit your request no later than the month prior to the month that you want the benefit suspension to begin, so if you want to suspend your benefits effective with the month you reach FRA you need to submit your request no later than the month prior to the month in which you reach FRA.

If Social Security offices have reopened by the time you're nearing FRA you could submit your written request in person. Otherwise, I would suggest submitting it to your nearest Social Security office. You can find their address using the following office locater: https://secure.ssa.gov/ICON/main.jsp. Also, since you've apparently been misinformed by Social Security employees on multiple occasions, I would suggest printing out and submitting a copy of section GN 02409.110 of Social Security's operations manual (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110) with the 3rd example in section A.1 circled and/or highlighted.

Best, Jerry

Posted: 
Jan 16 2022 - 7:49am
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