Ask Larry

Can You Explain Why A Surviving Spouse Can't Get Survivor Benefits If They Are Working Full Time?

If you are married and the spouse passed away,you work full time how come the surviving spouse is not entitled to her husband's SS benefits,I was told that I was not entitled simply because I worked full-time,but my son was entitled to receive the benefits,would you be able to explain that to me please

Hi. Social Security has an earnings test that applies to people who are under full retirement age (FRA) and who are eligible for retirement or survivor benefits (https://www.ssa.gov/benefits/retirement/planner/whileworking.html). The earnings test requires withholding of $1 of benefits for each $2 that such beneficiaries earn in excess of the earnings test exempt amount. The applicable exempt amount in 2021 is $18,960. Therefore, whether or not people who are under FRA and eligible for benefits can actually be paid benefits depends on their benefit rate and how much they are earning.

The basic reason why Congress added an earnings test to the Social Security law is because Social Security is considered to be a social insurance program. The principle intent of the program is to replace at least some of the income lost due to a person's retirement, disability, or death. Congress concluded that people under FRA who are still working and earning a relatively high amount of income should be able to support themselves without as much, if any, of the replacement income that Social Security would otherwise provide.

Regardless of whether or not the earnings test is fair or justifiable, though, it is part of the Social Security law as passed by Congress.

Best, Jerry

Category: 
Posted: 
Oct 23 2021 - 7:31am
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