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I am 67 years old and still working full time. I have not…

I am 67 years old...
I am 67 years old and still working full time. I have not contributed to social security in more than 20 years, but I have 23 years of substantial earnings under SS.I received Social Security Survivor benefits under my husband's social security.I know I cannot claim both SS benefits and I know that the amount I am now receiving will be more than I will receive if I file under my SS.Should I even go to SS and make a claim? Is it legally required when I quit working?
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Answered in 5 minutes by:
11/21/2017
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,419
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi, it is NOT required. And if you're certain of the numbers, there's no need to apply.

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They will just come back and tell you that you're already receiving the higher benefit.

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Again, there is no need to file unless you think your own would be higher. THere i no legal requirement whatsoever,

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And as it sounds like you understand, we cannot "stack benefits," as Social Security calls it. Add on benefit TO another.

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Please let me know if you have any questions at all.

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If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit" – That’s the only way I’ll be credited for the work.

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But again, if you need more on this, please let me know.

Lane

I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, on three continents, since 1986.

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Lane

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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,419
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified
Lane and 87 other Social Security Specialists are ready to help you
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Customer reply replied 7 months ago
thanks for the info..... maybe you can help with this also.I do not contribute to SS at my current job.
As I stated I receive widow's SS benefits. My husband was retired from the federal government and he did pay into SS. I also receive some retirement income each month, because my husband choose Survivor Benefits.My employer takes 12.2% of my annual salary and deposits it into an IRA of my choosing. When I decide to "retire", I will only take what is necessary each month as income.When I decide to retire, do you know if any of this income will be affected by the Windfall Elimination Provision or Government Pension Offset rule?

WEP and GPO DO affect those who have what SSA calls a non-covered pension (government and other pensions where SOcial Security taxes weren't paid).

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But the IRS itself isn't considered a non-covered pension. It's only a pension received FROM the employer (defined benefit tye retirement plan that will kick the WEP and/or GPO into effect.

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As you may know WEP is the reduction that would affect your own work record benefit and GPO will affect any ancillary benefit, such as SSA spousal or survivor benefits

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Customer reply replied 7 months ago
A little confused.....Will my withdrawals from my IRA be affected by WEP?Will my survivor benefits pension be affected by GPOWill my widow's SSA benefits be affected by WEP or GPO?Thanks so much, you have been extremely helpful.

"Will my withdrawals from my IRA be affected by WEP?" No the WEP only affects the Social Security benefit received. And if you're asking whether the IRA is considered a non-covered pension that would trigger the WO, no it's not.

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"Will my survivor benefits pension be affected by GPO" If you have a non-covered pension such as CiViL service, a state teacher's retirement plan or other pension that comes from non-covered employment, then the GPO is triggered as it relates to ancillary benefits (survivor and spousal). The WEP is triggered y the same thing and affects one's own work record SSA benefits.

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"Will my widow's SSA benefits be affected by WEP or GPO?" Survivors benefits (if you have a non-covered pension) are affected by GPO.

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What I'm not sure of here is whether you have some non-covered pension. If the IRA was not employee sponsored and te IRA wasn't simply a rollover FROM a pension, then the WEP and GPO won't apply.

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But if SSA deems the IRA a pension from non-covered employment (such as with a SEP IRA) then it will.

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