Spouse Soc Sec Banefits
I am 74, and my wife is 7 y younger. When she turned 62 (in March of 2018), she started receiving her Soc Sec benefits (it was about $450/mo) planning to switch to 1/2 of my benefits when I start receiving them at 70 in Dec. 2019 (about $3800). Social security worker confirmed that this is what would occur. As you may imagine, her 50% spousal benefit (as she was told during that second visit) happen to be only 35% of mine (difference of about $300/mo). We immediately requested to return all of my wife’s benefits (to restart them later) and received a form that my wife submitted immediately. Obviously, the law changed in 2016, and return and reboot of Soc Sec benefits taken early is not allowed beyond 12 months. My wife appealed, and her appeal was denied. Currently she is waiting for a hearing by Civil Court judge (in Boston). I understand that the judge would not be able to change the current regulation and remedy the situation. Am I right that the judge does not have that discretion? I am not clear, though, about when and how it became a norm for Social Security workers not to be properly trained on current regulations for such important and critical topic as spousal and survivor benefits? Why do they (knowingly or unknowingly) misinform recipients on issue that involves the wellbeing of the most vulnerable part of US citizens, effectively cheating the elderly of substantial portion of support when they need it most? Any doctor or lawyer would be subject to a lawsuit for giving wrong, damaging advice. So, I intend to keep working to compensate my wife for the money lost. This is the only thing in my power. I wonder if it is within the authority of SSec Administration to change the regulations on spousal benefits? Do they need an Act of Congress to correct these calamitous rules. I my opinion, it should be permitted to reboot Soc Sec benefits (return to a pre 2016 stature) with a certain amount of interest payable to the US government. This would be just.
Terry Says
Congress can change the rules at any time — and they did, in this case. Do you have an attorney?
If not, may I suggest you get one to handle this civil hearing? My suggestion would be to go to
www.SocialsecurityAdvisors.com immediately!