Ask Larry

Did Social Security Make A Mistake In My Case And Am I Due Any Back Money?

I'm disable since 52, amount less than 1k. Former husband died @ age 62,
never touched his SS. When I turned 62 was advised by SS to file for widow's
benefit. This boosted my 1k to 2100.00. Turned FRA this past March and
a letter came stating they made an mistake and I would have an increase of almost
300 hundred a month additional each month. Can you explain the raise and if they
had gotten it wrong before converting Disablity to FRA , am I due back monies
from date of filing for benefit? Thank-you.

Hi,

It doesn't sound like Social Security made a mistake in your case, nor are you likely due any back pay. When you start drawing survivor benefits either as a widow or divorced spouse before full retirement age (FRA), your benefit rate is reduced for age. In your case, that reduction apparently amounted to the almost $300 per month by which your benefit rate has now been increased.

However, when a widow or surviving divorced spouse is already entitled to Social Security disability benefits (SSDI) when they start drawing survivor benefits, any reduction for age that's applied to their survivor rate is only temporary and the reduction is removed effective with the month they reach FRA (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615350). That almost certainly explains what has occurred in your case.

Assuming that my analysis of your situation is correct, it's unlikely that any back pay would be due in your case. It sounds like you were correctly paid a reduced survivor benefit rate until you reached FRA, and the higher unreduced rate would not apply until the month that you reached FRA.

Best, Jerry

Category: 
Posted: 
Jul 30 2018 - 9:17am
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