- August 4, 2023
- Posted by: legaleseblogger
- Category: Related News
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## Introduction
My wife has been collecting Social Security Disability Insurance (SSDI) benefits for several years while also working part-time. Currently, she is 66 years and 8 months old. However, there is a concern that she may have exceeded the allowable income limit for receiving SSDI benefits in the years 2021, 2022, and 2023.
## Letter from Social Security
Recently, we received a letter from the Social Security Administration (SSA) requesting confirmation of the amount she earned from her part-time job during those years. Interestingly, the letter already contains pre-populated information with the accurate earnings.
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This is where the AI Legalese Decoder can be of great help. The AI Legalese Decoder is a powerful tool that can assist in understanding and decoding complex legal documents, such as the letter received from the SSA. It can accurately interpret the legal jargon and provide clarity on the SSA’s intentions and any potential consequences.
## Possible Recapture of Benefits
One of our concerns is whether the SSA will attempt to recapture the benefits that have been paid to my wife during this timeframe. It is unclear whether the excess earnings will trigger any repayment requirement, considering her part-time income alongside her SSDI benefits.
## Asset Ownership
Regarding our assets, we have relatively few apart from some equity in our jointly owned home. This means that there might be a potential risk of the SSA seeking repayment from the home equity if they decide to recapture benefits. Understanding the implications and potential options through the AI Legalese Decoder can be beneficial in navigating this situation.
## Understanding Social Security Programs
Furthermore, I would appreciate clarification on the different Social Security programs. As mentioned, my wife is currently receiving Social Security Disability payments. However, I am unsure about the distinctions and eligibility criteria for the various programs. The AI Legalese Decoder can provide detailed explanations and comparisons of these programs, making it easier for me to understand the differences.
## Age and Benefit Conversion
I have also heard that once my wife reaches the age of 66 and 4 months, her Social Security benefits should have automatically converted to regular old-age benefits. It is crucial to determine whether this conversion has taken place and verify if the benefit amount has remained the same. With the assistance of the AI Legalese Decoder, I can gain a clearer understanding of the age-related benefit conversions and any associated implications.
## Conclusion
With the help of the AI Legalese Decoder, we can unravel the complexities surrounding our situation. Whether it’s understanding the SSA’s intentions, clarifying potential recapture of benefits, analyzing asset ownership risks, gaining knowledge about various Social Security programs, or verifying age-related benefit conversions, the AI Legalese Decoder proves to be an invaluable resource in navigating these legal matters.
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YouÔÇÖll need to double check when she turned full retirement age (from your comments it sounds like either 66 and 4 months or 66 and 8 months).
Any work prior to full retirement age will be subject to the SSDI rules for work activity. It sounds like theyÔÇÖre doing a work review to determine work activity and eligibility, and chances are sheÔÇÖs worked over the limit for substantial gainful activity.
The problem you may run into is if they find disability terminated at an earlier date due to work activity, then she will have an overpayment for the months she received benefits when she was not due them. She will have to pay that back.
One advantage in her favor is that sheÔÇÖs already converted to retirement, so payment wonÔÇÖt stop due to the disability termination (if thatÔÇÖs the case), but if there is an overpayment, then youÔÇÖll have to work out a repayment agreement or her checks will be held in full until the overpayment is recovered.
Also, since she now converted to retirement benefits and she is over full retirement age, then there is no work limit to worry about. After a person hits full retirement age they can work and earn as much as they want.
She doesn’t know if she earned SGA? And she didn’t bother to report that she had been doing so for three years?
Yes, she is overpaid. Once they figure out her trial work period months, any month after in which she earned over SGA is an overpayment. Sounds like overpaid all of 2022 and 2023.
She needs to gather all her pay stubs, complete an SSA 821. Submit both. And stop spending the money she is not supposed to get
Full retirement age is 67. If was over SGA, yes they will want it back.
ItÔÇÖs better to ask for forgiveness than permission in this situation. You will just have to pay back some instead of being fully discontinued.
SSDI should have been to coverted to RSDI at age 65
If they are completing a work review it is very possible that she is overpaid from previous work. Did she notify SSA once she started working? And you are correct she is over full retirement age now so her earnings will no longer impact future checks.
Are you sure that this about a potential SSDI overpayment, and not the fact that her benefits are converting to retirement since, if she is 66 years and 8 months, she recently reached full retirement age? If it’s the latter, they may be asking about recent earnings to make sure that her retirement benefits are calculated correctly.
Assuming this is about SSDI, SSDI overpayments are typically based on monthly income, not yearly. (There are some limited exceptions.) In 2021, the monthly SGA limit for non-blind individuals was was $1310. In 2022, it was $1350. For 2023, it is $1470. Was she earning more than those amounts at least some of the time? Was she reporting her income to Social Security?
If she gets a w-2 from those part-time jobs, she can document easily that she earned less than SGA during that time, if that is so.
I now work 20 hours a week, get paid $17 an hour, which works out to above $1,400 a month gross. So itÔÇÖs conceivable that sheÔÇÖs ÔÇ£under the limit.ÔÇØ I get a pension from my previous job, and am not under a retirement pension under SS
I’m wondering if they decide she wasn’t eligible for disability benefits, could she then say she wanted early retirement to help repay the overpayment.
Your wife may have been originally approved as Social Security Disability, but when she came to her ‘full retirement age (FRA)’, she changed to retirement benefits automatically. That is good for her! So if her part time income was minimal as when she was on disability, then no problem. As of this year she reached FRA, she can make any amount and no adjustment to her benefits!
Her FRA is 66 yrs and 6 months if born in 1957. SSA is more than likely auditing & reconciling her SSDI benefit while converting the SSDI to social security retirement benefit. That is automatic for any SSDI recipient. They can recoup the overages if her income exceeded the cap, unless she participated in one of the special work programs.
Here are the max SGA for the past few years.
Year Blind Non-blind
– 2019 2,040 1,220
– 2020 2,110 1,260
– 2021 2,190 1,310
– 2022 2,260 1,350
Per AARP: [Can I work part time on SSDI](https://www.aarp.org/retirement/social-security/questions-answers/part-time-work-on-disability.html)
Payments will stop if you are engaged in what Social Security calls ÔÇ£substantial gainful activity.ÔÇØ SGA, as itÔÇÖs known, is defined in 2023 as earning more than $1,470 a month (or $2,460 if you are blind).
If your income exceeds those caps, you cannot collect disability benefits, unless you are taking part in one of Social SecurityÔÇÖs “work incentives” ÔÇö programs and trial periods aimed at helping SSDI recipients transition back into the workforce without sacrificing their benefits. Some work incentives are also available to recipients of Supplemental Security Income (SSI), which is administered by Social Security and also provides benefits to people with disabilities.
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I spoke to somebody at social security today and he told me if I’m making under $ 1050 I don’t have to report it monthly. Unless it’s over $1050