Ask Larry

Did My Withdrawal Request Need To Be Filed Within 12 Months Of When I Turned Age 66?

Started taking benefits May 2018 (age 68 Apr 2018). In Apr 2019 (age 69) applied for benefits withdrawal. Application rejected saying it should be within 12 months of entitlement (i.e. within 12 months of 66 age). Is this correct? Appeal also denied. Is my understanding correct? If so how to rectify?

HI. 'Entitled' to benefits means that you are eligible for and have applied for your benefits. You would have been eligible for benefits as early as age 62, but your first month of entitlement (MOE) would be the first month you claimed and were approved for benefits.

You have up to 12 months from your MOE during which you can submit a written and signed request to withdraw your application for retirement benefits. So, if applied for benefits in 2018 and if your MOE was April 2018 (i.e. the benefit payment due in May 2018), then you could submit a withdrawal request as late as April 30 2019 ((https://secure.ssa.gov/apps10/poms.nsf/lnx/0200206001).

However, if you applied for benefits effective with April 2016, then your MOE would be April 2016 even if you only filed for and suspended your benefits and you weren't actually paid any benefits until 2018. In that case you would have to have filed your withdrawal request no later than April 2017.

I don't have all of the facts of your case, but if you submitted a proper withdrawal request to Social Security within 12 months of the first month of entitlement to benefits then your withdrawal request was timely filed. There are several steps in Social Security's appeals process, so if you believe that the decision in your case was incorrect you could request to appeal further (https://www.ssa.gov/pubs/EN-05-10058.pdf).

Best, Jerry

Posted: 
Oct 6 2021 - 8:08am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.