It is now nearing the end of June, after waiting since November 2018 for my retirement benefits to process, I am being told I need to withdraw my retirement application filed online. Could this be right?

In 2007 my husband took his SS at 62. We had a son (age 15) and a disabled daughter (age 17) living at home. I and the 15 year-old received dependent benefits for 7 months until he turned 16, at which time his benefits terminated and mine suspended.

I applied for my benefits at age 62 and have been waiting over 7 months for them to finish processing. Now I am being told I need to withdraw my application, because it appears my benefits should not have been suspended due to my disabled daughter still living at home and the fact that I am her Representative Payee.

The technical expert working my case says this is complicated and seemed unsure of how this needed to be handled. Because I was born after 1954, I was under the impression that deemed filing would apply. I am concerned I will loose the benefits I should have received since I became eligible (January) if they don't reinstate my Child-In-Care benefits. Also, if I am awarded the back benefits, then they will pay me a spousal benefit starting at 62 in lieu of my own retirement benefit. This will result in my disabled daughter's benefits being reduced while increasing mine a small amount - thus yielding a monthly household loss from what we would get if I just claim my own retirement.

The person I have spoken to doesn't even know if I will get the back Child In Care benefits. Do I have to withdraw the online application for retirement to get these, and is there something else I need to do to get these back benefits? Also is there someone else in the line of succession at Social Security that can resolve this issue? Do I need an attorney?

Hi,

I would agree with the technical expert that told you that your case is complicated. If you've had your disabled daughter in your care since your child in care spousal benefits were previously suspended or terminated, then those benefits likely shouldn't have ever stopped. So, it sounds like Social Security is at least considering going back and reinstating your benefit retroactively. Although that would mean that you'd be due back pay, it would also likely mean that your daughter would be overpaid due to the family maximum benefit (FMB). I don't know the benefit rates involved so I can't tell you for sure, but if you would have been drawing child in care spousal benefits during the past years it's probable that your daughter would have been due a lower monthly benefits during that time.

You aren't deemed to be filing for your own Social Security retirement benefits if you qualify for child in care spousal benefits. Deeming would only apply if you filed for reduced spousal benefits (i.e. non-child in care benefits). So, it's possible that you could potentially draw child in care benefits while letting your own retirement benefits grow until age 70. However, since you apparently already filed for your retirement benefits you would have to withdraw that claim if you wanted to draw child in care spousal benefits instead of reduced retirement benefits. And, I can't tell you whether or not doing so would be advisable based solely on the limited information in your question.

If you file for your own retirement benefits at age 62 then those benefits will be reduced for age by roughly 26% or 27%. That reduction will be permanent if you receive all of your benefits prior to full retirement age (FRA), so if you could instead receive child in care spousal benefits it's certainly an option to at least consider. But, whether or not to withdraw your claim is optional, and you probably wouldn't want to do so without knowing a) what Social Security plans to do about your retroactive child in care benefits, and b) the effect that your entitlement to retirement benefits would have on your family's benefits.

Sometimes it still makes sense to apply for reduced retirement benefits in a situation such as yours because then the FMB on your record could be combined with the FMB on your husband's record. That could potentially free up more total benefits to be paid to your family members each month. Unfortunately, though, I simply don't have enough information to go on to be able to advise you as to your best course of action.

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to analyze your options so that you can decide on your best course of action. A well trained Social Security technical expert would likely be your best bet with regard to who you would want to deal with at Social Security, but the knowledge and experience levels of Social Security technical experts vary substantially. I can't give you advice on whether or not to hire an attorney, but you may have a hard time finding one who would be knowledgeable on a situation such as yours.

Best, Jerry