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Social Security Simplified: Your Questions Answered

Your AARP

SOCIAL SECURITY SIMPLIFIED

I am receiving Social Security disability benefits. But the Social Security Administration is withholding part of those benefits, apparently because I also receive workers’ compensation. Why is that happening?
Under federal law, the combination of your Social Security disability benefits and your workers’ compensation payments cannot exceed 80 percent of the average monthly income you had before you became disabled. If it does, your benefits must be cut to get to that 80 percent limit. It’s usually the Social Security benefit that is cut, but in some states, it’s workers’ compensation that is reduced.

My husband and I have been farmers for 45 years. We worked side by side and always paid our taxes with the help of a professional tax adviser. My husband is already getting $1,500 per month from Social Security. But I just turned 65 and found out I have no Social Security coverage of my own. How is this possible?

If you look at your old tax returns, I suspect you will find that your adviser filled out self-employment tax forms (Schedule SE) only for your husband and didn’t fill out separate ones for you. As a result, earnings and credits for Social Security purposes went on his record but not yours.

Your situation is not uncommon. During my career at the Social Security Administration, I encountered hundreds of mom-and-pop businesses in which only “Pop” got Social Security credit. Unfortunately, you can’t get a do-over for all those years you didn’t get credit. You are, however, eligible to collect spousal benefits on your husband’s record now and widow’s benefits if he should die before you do.

I’m 72 years old and receive my own Social Security. My husband is 65, but his benefits have been suspended because he is in prison. Could I get benefits as his spouse? Or do I have to wait until he is released in nine years?

Social Security benefits are suspended for anyone who is incarcerated for more than 30 days. But the law says that benefits can still be paid to any dependents. So if you are due any extra benefits as a spouse, you should get them even while your husband is in prison. Call the Social Security Administration at 800-772-1213 to find out if you are eligible for spousal benefits.

I am 67 and just started collecting Social Security. My 13-year-old son gets dependent child benefits on my record. But my 53-year-old wife, who is not working, was denied child-in-care benefits. Why was that?
Your wife, as the mother of a minor child, would normally be due child-in-care benefits based on your record. But Social Security sets a maximum that can be paid to a family based on one worker’s record—generally between 150 and 188 percent of the worker’s full retirement age (FRA) benefit. Judging from the information in your question, I am guessing your “family maximum,” as it’s known, is 150 percent, and you are getting 100 percent of your FRA benefit. Since dependents get a 50 percent rate, your son’s 50 percent benefit plus your 100 percent benefit bring you to the 150 percent ceiling. So your wife wasn’t exactly denied benefits. There was simply nothing left to pay.

Please note that the family maximum applies only when children are part of a Social Security claim. There is no cap on retirement benefits that a married couple can collect if the money is due them.

Tom Margenau, a 32-year veteran of the Social Security Administration, is the author of Social Security: Simple and Smart.

Go to aarp.org/ssquestions to submit a question for our Social Security experts or visit aarp.org/socialsecurity to ask our chatbot.

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