Both my husband and I collect social security on our own records starting at FRA in March 2016.
In 2017, my husband collected $2647, and I collected $1002. They had paid me a spousal benefit starting in March 2016 but sent a letter of overpayment in Nov 2016 and now only pay me on my record citing FBM.
My DAC collected social security from March 2016 and collected $732 in 2017 on his own record and the balance of $591 to equal 50%of his fathers benefit. Social security has sent a letter of a large overpayment in Dec 2017 stating my DAC son and I are both dually entitled and reduced him to $265 on his fathers record. Our current situation is I get no spousal benefits due to FBM, and my son receives $747on his record and $265 on his fathers record.
How do I determine if my DAC is dually entitled to social security on my husbands account or simultaneous? Do I need to know this to use your software? Social security cites that my DAC gets reduced benefits because he and I are dually entitled. Will your software help in this situation?

Hi,

If your son is getting Social Security disability benefits (SSDI) based on his own earnings history and disabled adult child's (DAC) benefits, that's dual entitlement. Dual entitlement means that you are entitled to 2 different types of benefits at the same time, whereas simultaneous entitlement means being entitled to the same type of benefit (e.g. child, widow) on 2 different records. In either case, though, a person can only receive essentially the higher of the 2 benefit rates to which they are entitled.

Your situation is very complicated, and I'm unable to determine from your description whether or not your case has been correctly handled by Social Security. The regulations governing how payment rates are calculated in the case of dually entitled individuals when family maximum benefits (FMB) are involved can best be described as convoluted (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615768). Our software is capable of handling these types of calculations, though, so you may want to try using it to see if your case has been handled correctly or if you have better filing options available.

Based on your description, the rates that Social Security has determined as payable to you and your son sound questionable to me. If your son qualifies for DAC benefits on your husband's record, he would almost certainly also qualify for technical entitlement as a DAC on your record. And, in that event, the FMB on your record could be combined with the FMB on your husband's record in order to free up more total benefits to be paid to you and your son. You should probably check with Social Security to make sure that they have signed your son up for technical entitlement on your record, and have combined the FMB on your record with the FMB on your husband's record.

Best, Jerry