Hi there,

This question is on behalf of my mother. My mother was receiving social security benefits. When my father passed away in 2021, we applied for SSA Survivor benefits for her. As her savings have worn away she’s in need of additional financial assistance. However, since she receives survivor benefits she surpasses the income limits for eligibility in state programs such as NJ FamilyCare ADB. If we were to remove survivor benefits she would qualify for the state assistance. Is there a way to accomplish this, can from SSA 521 be used for this?

Hi. Your mother could withdraw her application for survivor benefits by using a form SSA-521, but she'd then have to repay all of the survivor benefits that she's received up to the time of her withdrawal. Or, she could potentially waive receiving any further benefits using a form SSA-149 (https://secure.ssa.gov/poms.nsf/lnx/0202409040).

HOWEVER, many if not most public assistance programs require people who apply for their programs to also file for any other benefits for which they are eligible. I'm not familiar with New Jersey state programs, so I don't know if they'd still approve your mother for assistance if she voluntarily chooses to stop receiving her Social Security benefits. Before doing anything rash, you'll want to make sure to check with the state agency that administers the public assistance program you'd be applying for to make sure that they will still approve your mother's claim for assistance if she withdraws or waives her Social Security payments.

Best, Jerry