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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34884
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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In Jan. of this year my benefits were cut more than 200.00

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In Jan. of this year my benefits were cut more than 200.00 a month. In 2011 my last payment from a divorce from 2000 was given to me from a sale of a piece of property. My question is will I get my money back in January of 2014 as my only income is my Social Security. Thank you, XXXXX XXXXX

Good morning Marcia,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What social security benefit are you receiving? Early retirement, SSDI or something else?

2. Why were your benefits decreased the first of the year? What did social security tell you the reason was?


Customer: replied 3 years ago.

My benefits are from my husband of 38 years who I divorced in 2000. My benefits were reduced because of my tax returns for 2012.

Hi Marcia,

Are you receiving an early retrement ex-spouse benefit? Are you under age 66 still?

Customer: replied 3 years ago.

I applied for SS when I was 62. My DOB is 09/12/1940. My husband died in 2002 and I believe I received a divorced widow benefit from his benefits as I only worked from 1988-2000.

You are saying that you are 73 years old now, and social security claims they decreased your benefit amount because you earned too much in 2012? Is that correct?
Customer: replied 3 years ago.

I am 73 now and I think you are correct.

Thanks Marcia,

Social security does not ever decrease anyones benefit---retirement or survivor benefit, based on what they earn after age 66. So, if social security claims to have done that to you---lovwered your benefit---because of your 2012 tax return, then they made a mistake and you are entitled to all that additional money to be repaid to you.

Social security only reduces benefits for early retirement or early receipt of a survivor benefit based on earning too much in a previous year if you are under age 66 at the time.

The payment of money from a divorce is not even considered income and regardless of your age, it would never be considered as a basis to lower an early retirement or early survivor benefit.

So, you need to speak with someone from social security---clear up exactly why they lowered your benefit and if they did make as mistake---as it appears that they did---demand that they process your remaining benefits they owe you.

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If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

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