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What Recourses Do I Have If Social Security Mishandled My Claim?

(I have subscribed to you in the past and have followed your advice) A few days after my 66th birthday I applied for SPOUSAL benefits. After waiting for an interview for 2 months, I was told by the SS administrator that I would be approved for SPOUSAL benefits of a certain amount. Yesterday, they approved me for MY benefit amount - more than $300/mo less - but they marked it as spousal benefits. What are my recourses??

Hi,

My answer assumes that Social Security erroneously awarded you retirement benefits rather than spousal benefits. In that case, you should be able to call this error to the attention of the Social Security representative who handled your claim and have them straighten it out. Another option would be to file an appeal, but that may just delay resolving your problem if your application wasn't completed properly. If your application didn't properly restrict it's scope to spousal benefits only, then you'd likely need to withdraw the application. You may also need to re-apply for spousal benefits depending on the specific circumstances involved.

If I were you I would start out by trying to reach the representative who processed your claim. If you don't have a contact person's name, you could try explaining the problem to one of Social Security's phone representatives and ask to be connected with the person who handled your claim. They wouldn't be able to connect you directly, but they may be able to message the person so that they could re-contact you. Or, you could try asking to speak with a technical expert or supervisor in the office that processed your claim.

If the error isn't corrected, you have up to 60 days from the date of your award letter to file an appeal. It may be easier, though, to withdraw your claim (https://www.ssa.gov/benefits/retirement/planner/withdrawal.html) and re-apply for spousal benefits only. If you do end up withdrawing and re-filing, you should do so within 6 months of the month you reached full retirement age (FRA). You can only claim unreduced spousal benefits for a maximum of 6 months retroactively from the month you apply.

On the other hand, though, if Social Security awarded you spousal benefits and not retirement benefits, and if the only problem involved is the amount of the benefit awarded, then the proper recourse would be to file an appeal ((https://www.ssa.gov/pubs/EN-05-10041.pdf). You have up to 60 days from the date of your award letter in which to file an appeal

Best, Jerry

Category: 
Posted: 
Jul 30 2020 - 9:57am
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