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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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For as long as I can remember I have used the age 1952, but

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For as long as I can remember I have used the age 1952, but recently I have found out that I was born in 1950. Two years older than I thought, so I am retired and thought I had 9 more months before I can file for my Social Security at 62. However, I am in fact 63 years old instead of 61. How does this effect my retirement from my employer and social security?  Just wanted to add that my TDL and all of my life insurance are all in the year 1952, also.  Thanks.

Submitted: 1 year ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Employment law for 19+ years and look forward to assisting you.

For as long as I can remember I have used the age 1952, but recently I have found out that I was born in 1950. 1) How did you learn you were mistaken?

 

Two years older than I thought, so I am retired and thought I had 9 more months before I can file for my Social Security at 62. However, I am in fact 63 years old instead of 61. How does this effect my retirement from my employer and social security? Your employer would typically have based any retirement on your real age as supported factually by your credential documents (birth certificate, etc.). However, if it based in only on your word, and you now know that your word was in error, you need to learn via your employer's agreement with you whether your retirement may, say, be HIGHER given that you didn't take it as early as you first thought. This may or may not be the case, but since this is a matter between the employer and you, as to compensation package and all that it encompasses, you need to look to those documents in your possession and that of your employer (such as HR or your pension administrator). However!...

 

With regard to Social Security - it may sound strange but this can be a good thing, is a way. It sounds like you were planning on taking your SS retirement benefit BEFORE your normal retirement age of 66+ - i.e. at 62. However, doing so means that regular PIA amount you were counting on IF you could wait til normal retirement age, will be significantly reduced - as much as 25% plus - because you were going to ask to take more months of it, by taking it years earlier than normal. That "discounted" amount is a permanent voluntary loss in monthly amount. Because you now know that you are 63 soon, it means that you will never suffer the full penalty in amount, for taking at 62. Rather, you still have the option of taking at 66 for the "normal" amount or even waiting til 70, get get another 32% on top of that "normal" amount each month. Or, if you simply can't afford to NOT take now (ie. you are starving and / or falling behind on bills now matter how hard you budget), you CAN take now, at 62+ or 63, still with a penalty/discount, but less of a discount than if you took at 62 even.

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas
What have you tried so far?: Stressed out because I really want to file for my social security, but afraid I might get into trouble. Why get in trouble? You've done nothing to the SSA. You bring your birth certificate and proper ID, and unless there is something not noted above, I don't see where you did anything wrong. If anything, all you did was NOT retire as early as you could have - and, you are not eve required to now - you can choose to earn those 'delays retirement credits" for a far bigger benefit check if you wait til 70.

 

I did check with and attorney and She told me to keep everything as it is and not to worry about it? Since you haven't indicated you did anything wrong yet (so clear that up if you left something out), I'm not getting it. All you did was retire from your employer - presumably the employer knows how long you've been there and what you have accrued - and it is not like you retired BEFORE you were allowed since you are actually older than you thought, not younger. So your consulted attorney is likely correct? No harm no foul. And, as noted, there seems nothing amiss with SS. You will have to produce your BC, and that will let them know how old you are and that you are actually entitled to a higher SS amount than you thought you'd get when you thought you'd be 62.

that didn't feel right, so this is why I am still searching. thanks. I'm not seeing an issue here. You thought you were near 61, turns out you are near 63. Typically, your records are based on your BC, not your memory, so I am not seeing how your error may have hurt anyone else.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

I was asked by my SS through my employer back in the 90's about my correct date of , because they also had the date of 1950 in their files for me. I gave them 1952 as I thought and they took this as the truth. I was told by my sister that I was born in 1950 and instead I chose to continue to use 1952. So, I sent for my birth certificate and it states 1950. My concern is that I have known that I was born in 1950 and chose not to use it. I retired with the correct amount of service and according to the rule of 80- number of years and age equaling 80 points. so that's not the issue. I am concerned with if I have to change all of my ID. and if I produce the correct birth cert. to SS how will this effect other things, such as employment ( I mentioned I have a part time job with a university and all of my employment papers indicate 1952). I need to know that none of this is illegal in any way? thanks. I will be 64 in February 2014. To answer your question, how did I learn that the dates were wrong? there was and error made years ago on some documentation and I just continues using 1952.

Expert:  AlexiaEsq. replied 1 year ago.

Hi again, thank you for following up, and good morning,

I was asked by my SS through my employer back in the 90's about my correct date of , because they also had the date of 1950 in their files for me. I gave them 1952 as I thought and they took this as the truth. OK, but I am not seeing how this error has been anything BUT harmless. It has not caused you to gain money from them that you would not have gained, correct? Therefore, they are not damaged by this error.

I was told by my sister that I was born in 1950 and instead I chose to continue to use 1952. So, I sent for my birth certificate and it states 1950. My concern is that I have known that I was born in 1950 and chose not to use it. Yes, I understand it was a silly choice, but it appears that you have gained nothing and no one has lost anything, correct?

I retired with the correct amount of service and according to the rule of 80- number of years and age equaling 80 points. so that's not the issue. Exactly.

I am concerned with if I have to change all of my ID. and if I produce the correct birth cert. to SS how will this effect other things, such as employment( I mentioned I have a part time job with a university and all of my employment papers indicate 1952). No, actually you failed to mention that.

I need to know that none of this is illegal in any way? Unless you filled out a government form under oath, or the like (which you may have done with this PT job, since W4s and such are filled out), it is not a crime, typically, to lie or or make a mistake. However, I do think that if you filled out a government form erroneously stating 1952 when you now have learned it should have stated 1950, you can seek to have it changed to the right information - so at least you can rest assured about not having falsely and knowingly provided false information. Mind you, it is ALSO likely (as your other lawyer likely expressed) that nothing will happen either way, since it appears to be a victimless mistake. However, if you will be losing sleep over the misinformation with the new employer, by all means, go and correct it.

thanks. I will be 64 in February 2014. To answer your question, how did I learn that the dates were wrong? there was and error made years ago on some documentation and I just continues using 1952.
I understand. Mistakes happen. But this shouldn't concern you too much. You may want to look into getting your drivers license corrected if it is wrong. Documentation proving age and identity are far more stringent post 9/11 events, so read up on your DMV information to figure out exactly what you need.

Good luck! And I wish you a wonderful weekend.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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