I draw my decesed husband railroad retirement can I draw either his social security or can i draw mine. I know I cannot draw both. And can I change it if I have been
drawing it for several years

Hi,

Assuming you're eligible, you can potentially draw your own Social Security (SS) benefit and Railroad (RR)survivor benefits. You can't draw widow's benefits from both SS & RR, though. When a person who paid into both Social Security and Railroad Retirement dies, his earnings under both programs are combined, and any survivor benefits payable are paid by one agency or the other.

Before applying for Social Security, be sure to check to see if filing for Social Security benefits on your own record would be advantageous. Railroad retirement benefits consist of 2 tiers. Tier 1 is roughly an equivalent of Social Security, and tier 2 is based strictly on railroad earnings. Think of tier 2 as a company pension separate from Social Security.

If and when you apply for SS benefits, your SS benefit amount will be calculated using the normal rules. Instead of paying you directly, Social Security will 'certify' your benefit to the Railroad Board (RRB), who will then determine your combined benefit. Your SS benefit will be offset against your railroad tier 1 benefit, and unless the SS benefit is higher than the tier 1 benefit, you will end up receiving the same total amount. Furthermore, since some states tax social security benefits and not railroad retirement benefits, you may simply be trading tax exempt income for taxable income by filing for Social Security benefits.

You should be able to obtain an estimate of your potential Social Security benefit amount by calling them at 1-800-772-1213, or on their website ssa.gov. You should be able to find out your tier 1 RR benefit rates by calling RRB at 1-877- 772-5772, or it may be shown on printed material that they have sent to you regarding your benefits.

All of that said, if your SS benefit is higher than your tier 1 railroad benefit, it may well be optimal for you to wait until age 70 to apply for Social Security. You can still accrue delayed retirement credits on your Social Security record from full retirement age until age 70, even if you are already drawing railroad benefits.

Best, Jerry