

Ask the community...
A critical factor here is whether your son continued to be eligible for benefits as a student after turning 18. Based on your timeline, it sounds like he did qualify under the "full-time student" provisions that allow benefits to continue until graduation or age 19 (whichever comes first). If the sole reason for the overpayment is his mother's medical improvement, and not any issue with his student status, then your waiver argument should focus heavily on the fact that he had no way of knowing about his mother's changed medical status - especially given that she hasn't been involved in his life. The technical term for what you want to emphasize is that he was "without fault" in causing the overpayment. The SSA's own policy states that individuals are without fault when: "The overpaid individual relied on information from SSA that turned out to be incorrect." Since SSA continued sending the payments, this should apply to your son's situation.
Yes, that's exactly right - he remained eligible as a student, and the ONLY reason they're claiming overpayment is because of his mother's medical improvement that we knew nothing about. I'll definitely use that specific language about being "without fault" and relying on incorrect information from SSA. That describes our situation perfectly.
I'm a social worker who helps families navigate SSA issues, and I want to emphasize something important that hasn't been fully addressed yet - the timing of when your son turned 18 versus when the overpayment period began. Since your son was still a minor in April 2023 when the overpayment allegedly started, there's a strong argument that he cannot be held responsible for payments made while he was under 18. Minors have legal protections specifically because they cannot be expected to understand complex benefit rules or monitor their parents' medical status. I'd recommend adding this to your waiver documentation: highlight that he was 17 years old when the overpayment began and had no legal capacity to understand or act on information about his mother's disability status even if he had somehow received it. Also, make sure to document his current financial situation thoroughly - full-time student status, part-time income, basic living expenses. SSA considers educational expenses as legitimate financial hardship factors. Include documentation of tuition, books, transportation, and any other school-related costs. The fact that you're helping with some expenses actually strengthens the hardship argument rather than weakening it - it shows his income alone isn't sufficient to cover basic needs, let alone an $8,000+ debt.
This is incredibly helpful information, thank you! I hadn't even thought about the legal protections for minors aspect. You're absolutely right - he was only 17 when this supposedly started in April 2023. I'm definitely going to add this angle to our documentation. It seems crazy that they would try to hold someone financially responsible for decisions made when they were legally a minor and had zero knowledge of their estranged parent's medical status. Quick question - when you mention documenting educational expenses, should I include things like his laptop, school supplies, and even the gas money for his commute to campus? I want to make sure I'm being thorough but also reasonable in what I include as legitimate student expenses. Also, do you think it would help to get a letter from his school counselor or financial aid office confirming his full-time student status and financial need?
Yes, absolutely include all those educational expenses! Laptop, school supplies, gas/transportation costs, even parking fees if he pays them - these are all legitimate educational expenses that SSA recognizes. Also include any lab fees, technology fees, or other mandatory school costs beyond just tuition. A letter from the school's financial aid office would definitely strengthen your case. They can confirm his full-time enrollment status, any financial aid he's receiving, and potentially speak to his demonstrated financial need. Some schools will even provide a letter outlining typical student living expenses for your area. One more thing to consider adding - if your son has had to reduce his work hours to maintain full-time student status, document that too. SSA understands that full-time students often can't work as many hours as they might otherwise need to support themselves. The minor protection angle is really strong in your case. I've seen similar situations where SSA dropped overpayment claims entirely once the minor status during part of the overpayment period was properly highlighted. Make sure that point is front and center in any additional documentation you submit.
This thread has been really informative. I'm approaching retirement age myself and had no idea about these rules regarding divorced spouse benefits. Does anyone know if there are other benefit combinations I should be aware of? I was married for 22 years before divorcing, and my ex is still alive but already collecting Social Security.
If you were married for at least 10 years (which you were), you may be eligible for divorced spouse benefits on your ex's record if you're at least 62 and unmarried. The benefit would be up to 50% of your ex's full retirement amount. However, similar to the combination benefit discussed above, you'll only receive the higher of either your own benefit or the divorced spouse benefit - not both simultaneously while your ex is still living. The situation changes once an ex-spouse passes away (as in the original poster's case), which is when the surviving divorced spouse benefit rules come into play and allow for the combination benefit. I recommend making an appointment with SSA to go over all your options when you're ready to claim benefits. Different claiming strategies can significantly impact your lifetime benefits.
This is such valuable information! I had no idea about surviving divorced spouse benefits either. I'm 67 and my ex-husband passed away two years ago - we were married for 15 years before divorcing in the early 2000s. I've been getting my own Social Security retirement benefits, but after reading this thread I'm wondering if I might be eligible for additional benefits too. Does anyone know if there's a time limit on when you can apply for these surviving divorced spouse benefits? I'm kicking myself for not knowing about this sooner, but better late than never I suppose!
As someone who just started learning about retirement planning, this thread has been incredibly educational! I'm still decades away from retirement, but seeing how Roth IRAs provide such flexibility with Social Security is making me seriously consider prioritizing Roth contributions over traditional 401k contributions at work. The fact that Roth withdrawals don't count toward the earnings test, don't affect IRMAA thresholds, AND don't make Social Security benefits taxable seems like a huge advantage. Are there any downsides to Roth accounts that I should be aware of as I'm planning for the long term? It almost seems too good to be true that you can access this money tax-free without affecting other retirement benefits. Thanks to everyone who shared their real-world experiences - it's so much more helpful than trying to decode government websites!
Great question about potential downsides! The main tradeoff with Roth accounts is that you pay taxes upfront on contributions (no immediate tax deduction like traditional accounts), so you need to consider your current vs. future tax bracket. If you're in a high tax bracket now but expect to be in a lower one in retirement, traditional accounts might make more sense. Also, Roth IRAs have income limits for direct contributions, though there are workarounds like backdoor Roths. And unlike traditional IRAs, Roths don't have required minimum distributions at 73, which is actually an advantage for flexibility but means less "forced" tax planning. The tax-free growth and withdrawal benefits you mentioned are real - it's one of the best deals in the tax code if you can afford to pay taxes upfront!
@Ellie Perry You re'asking all the right questions! One thing to add to Ella s'excellent points - while Roth IRAs are amazing for flexibility, don t'forget about diversification across account types. Having some traditional retirement savings can actually be beneficial for tax management in retirement. For example, if you have a year with lower income, you might want to do a Roth conversion from traditional accounts while you re'in a lower tax bracket. Also, if you re'young and expect your income to grow significantly, starting with Roth contributions now while you re'in a lower bracket could be really smart. The compound growth on tax-free money over decades is incredibly powerful! Just make sure you re'getting any employer 401k match first - that s'free money you don t'want to miss.
As someone who's been helping family members navigate Social Security for years, I can confirm what others have said - Roth IRA withdrawals absolutely do NOT count toward the earnings test at any age. The confusion often comes from mixing up different types of retirement income and their various tax implications. Here's the simple breakdown: The Social Security earnings test ONLY looks at wages from employment and self-employment income. It completely ignores investment income, pensions, and retirement account distributions - including both traditional and Roth IRAs. Since you're hitting FRA (67) next year, the earnings test won't even apply to you regardless. But even if you were younger, those Roth withdrawals still wouldn't count. This is actually one of the biggest advantages of Roth accounts for early retirees who want to bridge income until Social Security kicks in. One tip: When you do call SSA (if needed), specifically ask about "earnings test" vs "taxability of benefits" - they're two completely different things and some reps mix them up. Good luck with your retirement planning!
This is such a helpful summary! As someone just starting to understand all these retirement rules, I really appreciate how you broke down the difference between the earnings test and benefit taxation - I was definitely getting those confused. It's reassuring to know that even if someone retires before FRA, Roth withdrawals still wouldn't count toward any Social Security limits. This makes me feel much more confident about my own retirement planning strategy. The tip about being specific when calling SSA is gold - I can see how easy it would be for representatives to mix up these different concepts when answering questions.
So glad you got this resolved! This is exactly why I always tell people to be proactive with SSA - that "benefit type review" note could have definitely led to an automatic switch if you hadn't called. For anyone else reading this thread who might be in a similar situation, here are the key takeaways: 1) Medicare enrollment at 65 is separate from benefit switching, 2) You can stay on survivor benefits even after 65 if they're higher than your own retirement benefit, 3) Always ask SSA to put notes in your file about your preferences, and 4) Keep detailed records of all your conversations with them. Thanks for updating us with the resolution - it'll help other people who find this thread!
This is such valuable information! As someone new to navigating Social Security, I had no idea that Medicare enrollment and benefit switching were separate things. The fact that there was actually a "benefit type review" note in your file that could have triggered an automatic switch is really eye-opening. I'm bookmarking this thread because the step-by-step advice here is gold - especially about asking SSA to put notes in your file and keeping detailed records. Thank you for sharing your experience and the resolution!
Wow, what a journey! This thread is incredibly helpful for anyone dealing with the maze that is Social Security benefits. I'm actually approaching 62 and starting to think about all these decisions, and reading about your experience with the "benefit type review" note is both scary and educational. It sounds like SSA systems are set up to potentially make automatic changes that aren't always in the beneficiary's best interest, which is why being proactive like you were is so crucial. The fact that Claimyr helped you get through quickly is also a great tip - I've heard horror stories about people waiting hours on hold or weeks for callbacks. Thanks for sharing both the problem and the solution - this is exactly the kind of real-world experience that helps the rest of us navigate these complex systems!
Luca Russo
As someone who just went through this process myself, I can definitely relate to your anxiety about the timing! I was born in July 1958 as well and had the same concerns about accidentally getting reduced benefits. I ended up applying online in early December 2024 for my March 2025 FRA start date. The online application was actually much more straightforward than I expected. When you get to the section about when you want your benefits to begin, it's very clear - you can select the exact month and year. I chose March 2025 and the system even had a confirmation screen that showed my selection. One thing that really helped ease my mind was calling the SSA number (1-800-772-1213) about a week after I submitted my online application, just to confirm they had received it and that my benefit start date was correctly recorded as March 2025. Yes, the wait time was long (about an hour and a half), but the representative was very helpful and confirmed everything was processed correctly. The key is just being very deliberate about that benefit start date selection. The system is designed to prevent the exact mistake you're worried about - it won't automatically start your benefits early just because you applied early. Take your time with that section of the application and double-check your selection before submitting. You're smart to plan ahead and ask these questions now. Applying in December will give you plenty of time for processing without any stress about delays affecting your first payment.
0 coins
Kiara Greene
•Thank you for sharing your detailed experience, Luca! It's so helpful to hear from someone who literally just went through this exact process. I really appreciate the tip about calling to confirm the application was received correctly - even with the long wait time, that peace of mind seems worth it. I'm feeling much more confident about applying online in December now. The fact that multiple people with our exact birth month and FRA have had smooth experiences really eases my anxiety. I'll definitely take my time with the benefit start date selection and make sure to double-check everything before submitting. Thanks again for taking the time to share such practical, real-world advice!
0 coins
Alina Rosenthal
I'm in almost the exact same boat as you! Born in July 1958 with FRA of 66 and 8 months, planning to retire right before my FRA in March 2025. I've been reading through all these responses and they've been incredibly reassuring. What really stands out to me is how many people with our exact situation have gone through this successfully. The consensus seems clear: apply 3-4 months ahead (so November or December 2024), be very deliberate about selecting March 2025 as your benefit start date in the online application, and document everything. I love the practical tips people have shared - taking screenshots of your benefit start date selection, setting up your online Social Security account beforehand to track application status, and even calling after submission to confirm everything was recorded correctly despite the wait times. The fact that multiple SSA insiders and recent applicants have confirmed the online system has clear safeguards against accidentally starting benefits early really puts my mind at ease. It sounds like as long as we're careful with that benefit start date selection, we can't go wrong with the timing. Thanks for starting this thread - it's been incredibly valuable for those of us navigating this exact situation!
0 coins
Jordan Walker
•I'm so glad I found this thread too! As someone who's also approaching this milestone, it's been invaluable to read all these real experiences from people in our exact situation. The consistency in everyone's advice really gives me confidence that this process is more straightforward than I initially thought. What I find most reassuring is how the online system seems designed with safeguards specifically to prevent the mistakes we're all worried about. The fact that you can clearly select your benefit start date and the system won't override that choice is exactly what I needed to hear. I'm definitely planning to follow the approach that's worked for everyone here - apply in December, be very careful with that benefit start date selection, take screenshots for my records, and maybe even call afterwards to double-check everything was processed correctly. Better safe than sorry when it comes to something this important! It's also helpful to know about the payment timing based on birth date within the month. That's definitely something I need to factor into my budget planning. Thanks to everyone who shared their experiences - this community knowledge is so much more valuable than trying to navigate this alone!
0 coins