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This question is only meant for O Joy, Esq. I have a

This question is only meant...
This question is only meant for Stephanie O Joy, Esq.
I have a question for you that the details exceed the allowable characters available.
You helped me in Nov & Dec 2014. I wrote followup letter to SS as follows: see next question.
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Customer reply replied 4 months ago
I am 68 years 9 monthes and my wife is 64 and we have two 16 year old children.In October 2014, I filed and suspended my application for SS.
In Feb, 2015 We started received benefits for wife and children.
Earlier this month, I questioned SS why my wifes benefits were not stopped when our youngest turned 16. I found out my wife was receiving benefits as my wife and not as the mother of my children.
SS told me I could not change anything (payback her benefits) as its been over one year.My initial intent was for my wife to receive benefits as the mother with the benefits stopping with children reached age 16.In November of 2014, during the application process, I realized SS was proposing benefits for my wife and children based on her earning record and not mine.
On November 25, 2014 I went into SS and talked to Social Security and thought I had straighten everything out.At your excellent suggestion, I sent a followup registrated letter to social security summarizing my understanding as follows:---------------------------------------------------------------------------
Dear Yolanda Fuentes,As a followup of my visit this morning, to Social Security office of November 25, 2014, I want to put into writing my understanding to ensure no mis-understanding exist.1) I can ignore the following letters from Social Security Administration:
a) Letter of September 9, 2014 indicating my wifes benefits will be $159/month.
b) Letter of November 17, 2014 indicating my daughter's (Elizabeth) benefit will be $52/ month.
c) Letter of November 17, 2014 indicating my son's (Robert) benefit will be $52/ month.2) My/our applications are still in progress.3) Once all applications are finalized, my childrens benefit will be based on my earnings record. I have filed and immediately suspended my application for benefits. My childrens benefits started when I reached age 66 and will continue until age 18.
4) My wifes benefit will be based on my earning record and will start when I reach age 66 and will continue until my children will reach age 16. After her children reach age 16, She will receive no benefits until we file for Susan's (my wife) benefits when she reaches full retirement age.
-------------------------------------------------------------------------What do you suggest as my next step?1) Visit SS office and show them my letter and records2) File a written protest3) Do nothing as it is highly unlikely SS will make any adjustments.If your recommendation is 1 or 2 above, can you offer detailed guidances as to what I should say.DanP.S. This is more than a $24 question. I initially planned on submitting this information as several questions and paying for each question. What do you think is fair amount of money for detailed answer.
Answered in 1 day by:
10/13/2017
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,595
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified

Your wife was receiving benefits as spouse of you, not on her own,correct?

Can you tell me the significance to you on what basis she is receiving? I.e. as momcaretaker vs. spousal?

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I have to run out, but I will check later with you.

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Customer reply replied 4 months ago
my wife's benefits are as my spouse instead of the mother of my children. Her benefits are not based on her earning record.It may be easier to call me and get clarification. My cell phone is(###) ###-#### I do understand this would cost me more.I am not sure I am answering your second question correctly. SS believes she filed at age 62 and therefore will permently decrease her benefits from 50% of my benefit to 68% of my benefit. If I die, her benefit would increase to 68% of my benefit instead of 100% of my benefit. My benefit basis is approximately $2500 per month so our loss of benefits is approximately $400 month increase to $800 per month if I die.
If she were receiving benefit as the caregiver of my children, her benefits would have stopped in July 2017 and restarted in 2019.

I am happy to speak with you on the phone, but am unable to right now, given my location. So I didn't click that button, OK?

That said, what age exactly was your wife when she got her first payment as your caretaker spouse?

Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,595
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified
Stephanie O Joy, Esq and 87 other Social Security Specialists are ready to help you
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Customer reply replied 4 months ago
She was 62 years 2 months of age.I have no problem continuing the conversation via email. I want to give you the option to call me as I know your time is valuable.
Customer reply replied 4 months ago
I understand her benefit is based on my wife benefit and not the caregiver for my children.In reviewing the information I provided you, I realize one mistake. Based on wife claiming at 62, her initial benefit will be 34% (not 68%) of my benefit initially would increase to 68% if I die.
Customer reply replied 4 months ago
Stephanie
I have tried multiple times over the last severals days to catch you on the phone. It maybe much easier for you to call me at(###) ###-#### I am available almost anytime from 8AM to 11PM central time. In the meantime, I will keep trying to catch you.
Thanks
Dan
Customer reply replied 4 months ago
I called SSA and gave them my question about Susan as guardian of my children. Jason indicated that is was (is) possible file for benefits as guardian at 62 years and 2 months and then have her benefits stop when the kids turn 16. He was intially surprised the payments did not stop when the kids turned 16. We then discussed whether she filed as my wife or as guardian. It took a while for him to understand my situation and he asked for the date of the letter I sent to social security and my address etc. The good news is he understood that is possible to file for benefits as guardian at 62 years 2 months and the benefits should have stopped when the youngest child reached 16. The bad news is it was an hour waiting time and then I was disconnected.
First question: Having apparently established the only issue is Susan "was filed as my spouse and not guardian". How is your recommendation on how to proceed:
1) in person at local SSA with my letter in hand, or
2) continue to address over the phone, or
3) resort to written communications.
I am more comfortable starting at the local SSA office, but is there a problem with that approach.Second question: Should SSA have a copy of my "letter" in their files and a notes of some or all of my phone conversations and office visits.
Customer reply replied 3 months ago
Have you been paid.....I do not see where I need to do to ensure you get paid?
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Stephanie O Joy, Esq
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,595
13,595 Satisfied Customers
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

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