Ask Larry

Is There A Form To Use If You Want To Waive A Recomputation?

Can you provide any info on "Waiver of recomputation"?
https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-C/sub...
Is there a form? Where do I send it? How do I determine when they are going to do a recomputation so I know when to send the waiver? And do I have to send it every year?

Explanation: I'm receiving SS. My current PIA is exactly at the eligibility limit (300% of the FBR) for certain Medicaid benefits. I've also had a few years of additional income since I started SS such that (according to AnyPIA) if/when they recompute my benefits, I'll be $1/mo over the eligibility limit. (I'm aware of the Miller trust thing to deal with income over the limit, but that's overkill for $1/mo). Hence my question...

Thanks for any info you can share!

Hi. I'm not aware of a specific form for waiving a recomputation, but you could use a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf). The SSA-795 is a multipurpose statement of claimant form that includes Social Security's penalty clause.

I would suggest sending the form to your servicing Social Security office, which you can find using Social Security's office locator: https://secure.ssa.gov/ICON/main.jsp. Recomputations can be done after any year in which a person earns enough to increase their benefit rate. Automated recomputations are generally processed in around August or September of the year following the year in which the higher earnings occurred.

As the regulation you cite states, waiving one recomputation does not mean that you also waive future recomputations for which you might be eligible. Therefore, you would need to submit separate statements for each recomputation that you wish to waive.

By the way, my expertise does not extend to Medicaid, so I don't know if waiving any recomputations for which you're eligible would have the effect that you're seeking.

Best, Jerry

Category: 
Posted: 
Dec 15 2022 - 8:49pm
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