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Angie, Tax Preparer
Category: Social Security
Satisfied Customers: 226
Experience:  Bookkeeping, Profit and Loss, Balance SheetsAll types of US Taxes, Tennessee taxes, Personal, business, payroll, sales tax etc.
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I applied spouse widow benefits february 9,2016

Customer Question

I applied for divorced spouse widow benefits february 9,2016 and Social Security
dd not process it until last week after I got in touch with the senitors office.
Im 63 and wanted to be Grandfathered in before the laws changed.
I told the intake worker that. they dragged it until the deadline. and processed me under the new rules, what can I do?
Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.
The new law does not affect your case. The new law will not take away your benefits or any benefits that you are entitled to. The new law on the other hand will not give you additional benefits. The new law essentially deals with two strategies some retirees were using to maximize their benefits namely: file and suspend and restricted spousal application. File and suspend deals with when both husband and wife have reached their full retirement age. One would file and suspend his benefits so that the other would apply for spousal benefits only. Then the other spouse would apply for benefits when he reaches age 70. This would maximize their benefits. Under the new law, this loophole has been closed. So, when a spouse files and suspends, all benefits would be suspended preventing his spouse from applying under his earnings. The other one is restricted spousal application where one spouse who has reached full retirement age can elect just to apply for spousal benefits only and then apply for her own benefits later. This would no longer be allowed for any one that has not turned age 62 by the end of December 2015. For more information, click on the links below: Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 1 year ago.
Im on Disability and they are taking away my benefits retroactive to when I applied and also my ssi to see what I owe them,
and will pay me whatever is left over? plus my exhusbands benefit that I applied for! what's with that?
Customer: replied 1 year ago.
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Expert:  Phillips Esq. replied 1 year ago.
The action taken by Social Security Administration has nothing to do with the new Social Security law. Your initial question pertains to the new Social Security law. However, you have opened a new line of question. The policy of this site requires that you open a new thread for this new question.
Expert:  Angie replied 1 year ago.
Did you receive the answer to your question? It appears your expert has opted out.I will try to explain what I think is happening..You were drawing SSD, and applied for SSI in January. since you cannot receive both and benefits are paid from the date of application, they will adjust your payments. Using this example with made up numbers it might make it make sense.... If you draw 1000.00 each month from SSDand your SSI benefit would be 900 each month. When your SSI application is fully processed and they are ready to provide benefits, they will go back to the application date and adjust your payments.So, From January, when you applied, you were still receiving SSD, but the application date rule applies so they "overpaid" you by $100. For each month that they over paid you they will deduct this amount from your first SSI payment. January SSD 1000.00 SSI 900.00 You were over paid $100.00Feb SSD 1000.00 SSI 900.00 You were over paid $100.00Mar SSD 1000.00 SSI 900.00 You were over paid $100.00April SSD 1000.00 SSI 900.00 You were over paid $100.00May APPLICATION PROCESSEDMay SSD 0.00 SSI 500.00 (to deduct the previous over payment for each month) Does that make sense?