Ask Larry

Is There Anything I Can Do About The Earnings That Are Missing From My Record?

I'm currently receiving disability and when it was figured it was only figured with my maiden name and not 20 years of my work history of my married name is there anything I can do about that when married my husband and I had a construction business so that was my main source of income for 20 years he is currently on disability and receive double the amount I receive. Also Larry when they figured it they figured the time. From the last doctor I had seen and started paying me from that time I had already had brain surgery and been in the hospital multiple times for two years prior to that not sure why they started it at the very end and didn't figure in any of that time either Thanks again for your help

Hi. Your earnings are reported to Social Security by your Social Security number (SSN), not your name. I assume you didn't change your SSN when you got married, so that's probably not the cause of your problem.

What's more likely in your case is that you and your husband reported the earnings from your construction business as a sole proprietorship. In a sole proprietorship, all of the earnings from the business are credited to the spouse whose SSN is on Schedule SE of their tax return. That's the most likely reason why your husband, and not you, got credited with the earnings from the construction business.

Assuming that I'm correct, there's probably not much you can do about it at this point in time unless your husband would agree to retroactively go back and split those earnings with you. That would probably decrease his benefit rate significantly, and would also most likely have an adverse affect on any spousal or survivor benefits that you may qualify for from his account in the future.

If you were only approved for disability quite recently you could appeal the date of disability onset that was established in your case (https://www.ssa.gov/benefits/disability/appeal.html). You must normally file a request for appeal within 60 days of Social Security's determination if you disagree with any parts of their decision.

Best, Jerry

Posted: 
Jun 16 2021 - 7:58pm
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