Filing An Appeal

Unfortunately, my husband waited to file SSA Retirement at age 74. Over the past 10 years we have been unable to complete and file our taxes due to many unforeseen circumstances (which we have since detailed to the IRS and Mass D0R). We both also thought that he would not be able to file for SSA Retirement until the taxes had been filed and that the longer he waited to file for SSA, the more he would receive in benefits - we have just found that not to be true. He filed for SSA in January, 2019 and received his payment mid February which included payments going back 6 months.

On September 24, 2018 I applied in person for my Social Security retirement benefit. The estimate I was given did not include the 2019 COLA, since it wasn't announced until October, 2018.

Subject: SSA Spousal Benefit Denial Hearing
I'm contacting you because I read your article published by Forbes online on 7/3/2016. Can you provide any advice about submitting a request for hearing as a result of my being denied SSA spousal benefits I was entitled

Hello Larry - I recently filed for Social Security Benefits and got approved however the amount they say I am entitled to is less than the amount I figure I should get ( I based my figure on their documented formula - using both the 2018 formula and also the 1952 formula as I was born in 52). I have filed paperwork to appeal the amount and was wondering if you could answer two questions. 1. Any idea of how long it may take for a decision? 2. Do I need to also file an appeal for my wife since her SPOUSAL benefit will be affected if I win my appeal?

Jerry,

I wrote to you in January regarding my mother's situation.

"My mother is entitled to 6 months of retroactive payment from Social Security due to the RIB-LIM rule. My father had taken Social Security 3 years early, so my mother should have taken her payment immediately after he died in December 2016. However, she thought she had to wait until her FRA, and I didn't know about RIB-LIM until I came across your website."

my mom passed away in Dec. My dad applied for SS benefits was denied. Even though he is seventy-two and can only work 100 days out fo the year as a substitute teacher, they said he made too much money. But he won't be able to keep doing this forever. He has tried to call to appeal but he can never get through and the internet process is confusing him. He is exhausted and is ready to give up, but he needs that money every month and time for the appeal is running out. Is there any way you can point us in a direction so he can secure these benefits.

Hi,

Jerry,

In April 2015 my wife filed for her spousal social security benefits after I filed and suspended. Social Security started her benefits, but reduced them by two-thirds in a letter dated June 2, 2015. Later in June 2015 we appealed Social Security's decision to withhold two-thirds of my wife's spousal benefit, because they "reduce benefits paid to wives if they also receive a government pension based on their own work." Their decision has to do with the Government Pension Offset law, which does not apply in her case according to our reading of the Government Pension Offset law.

Is it possible to appeal a denial of benefits by an Administrative Law Judge? My Medicare premiums were increased because MassHealth, which insures my disabled husband, made a mistake and paid my Medicare premiums for 2 months, then clawed that back from my Social Security.
I am requesting a hearing before an ALJ, and intend to subpoena the Keeper of the Records for MassHealth to come in with my file and explain what happened. I have tried in vain to get a response from them by mail or by phone.