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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My wife is on with my children on the ss family plan if she

Customer Question

my wife is on with my children on the ss family plan if she goes to work what penalties can happen?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Are you saying that your wife and children are collecting SS benefits as your dependents, and that you are disabled or retired?

If so, how many minor children are collecting?

Customer: replied 1 year ago.
3 children w/wife
Customer: replied 1 year ago.
im on ss retirement; they wouldn't give me disability because i'm 32 yeara over disab. age.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

How old are you?

Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, here is the good news:

Can you tell me how much EACH person is getting, including yourself?

Customer: replied 1 year ago.
i want to keep it on e-mail----my wife ad each child draws $ 272.00 I draw a total with mine {$1117.00} $ 2205.00.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

If you want email, I can ask that that premium service be provided you - at your option and cost. But otherwise, I am happy to answer you right here at no extra cost.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Did you collect your SS before your full retirement age? How old were you when you started?

And I asked above, how old are you now?

Customer: replied 1 year ago.
only 3 month early into retirement; i applied
Customer: replied 1 year ago.
im 81
Customer: replied 1 year ago.
well i wll just right off the 32 dollars and go to social sercurity and ask them
Customer: replied 1 year ago.
thanks anyway
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Please exercise some patience this morning - I would much appreciate it. You must understand that when I don't get an immediate response from you, I understand that you have left briefly to attend other business, and so I must do the same, as I am at work and can not just sit and wait. Disabled clients await. However, I do want to help you.

OK, that said:

You stated You are collecting 1117 which you started only 3 months early, so you were nearly 66. To simplify it, we will round that to be your primary insurance amount. However, that does not jive with 4 dependents collecting 272 each, as you noted above, as that would mean your family max is well over 200%, and the maximum by law is 180% for very high earners.

And you state that you as a family are getting 2205, with 1117 being yours - that leaves 1088 for the family or the 272 you indicate. But that would mean perhaps that you did not start collecting at / near your FRA, but earlier, such as at age 62. Did you mean 62+3 months? Rather than only 3 months early?

Here is the scoop on what will happen if your wife works - first, she has a 15720 earnings limit - after that she must pay back $1 for every $2 earned. BUT, this is NOT a reason for her to stop earning or keep it reduced! This is because if she can no longer collect dependent benefit, for any reason, including no longer having a child under 16 in her care, or because she earns to much, the portion that SHE would have gotten goes back into the family pot to be shared by the 3 kids - so your family SS income will not be reduced at all. AND, even when Mom and 1 child age out or are no longer eligible, leaving only 2 kid dependents, those 2 kids will share the pot by collecting more. This is because they will increase their take until it hits 50% of your PIA, subject to the family max, of course. At worst, when only one kid is left, he will get his 50% max, and that may, combined with yours, be less than your total amount now, but until that time, no, you will keep getting the same.

is about 25% less than your full SS. That means your primary insurance amount is 1490, roughly.

Customer: replied 1 year ago.
that's exactly what info i received from SS without cost. I'm not accepting your offer. i don't need anything else from you. but thanks. one time is enough.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

That is no problem, I am glad I could confirm for you, likely with far greater explanation than your local office, and without having to leave the house. I only ask that you click on a 5 star rating so I receive credit from the company for my time and explanation. It cost you nothing additional. Thanks for understanding and I wish you a wonderful day,


Stephanie Joy, Esq.

Social Security Attorney