Ask Larry

Has This Rule Changed?

I started drawing survivor benefits in 2021 (DOB 11/1955). Husband passed in 2020. SS has cancelled my benefits saying I earned too much this year. They said I can only earn $18,960. I turned full “survivor” retirement age this year and was under the impression I could earn up to $50,520 in the year I turned 66. Has this rule change? (My FRA for SS is 66 & 2 mo.) I have been denied benefits now until August of 2022 due to “ overpayment “. How can I fix this?

Hi. I'm sorry for your loss. No, the rule hasn't changed, but that's not good news for you. For earnings test purposes, Social Security always goes by a person's full retirement age (FRA) FOR RETIREMENT benefits. That's true even if the person's FRA for survivor benefits is earlier than their FRA for retirement benefits, and even if they only collect survivor benefits. This rule is explained in section B.3 of the following reference from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0302501021.

Therefore, if you were born in November 1955 and on any day other than November 1st, your FRA for earnings test purposes is January 2022, even though your FRA for survivor benefits was in November 2021. Thus, if you earned more than $18,960, in 2021 then Social Security would need to withhold $1 of your 2021 benefits for each $2 that you earned in excess of that amount. You could, however, be paid benefits for any months in 2021 that you claimed benefits and you earned no more than $1580.

Best, Jerry

Category: 
Posted: 
Jan 17 2022 - 9:06am
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