Q & A

What’s the Social Security “family maximum” rule and how is it applied?

Full question: I am 61 and my wife is 59. We have both worked all our lives. We’ve been fortunate enough to have good jobs and have been well paid. And that of course means we have each been planning to get decent Social Security benefits. That last time we checked, I will get about $2,600 per month and my wife was planning to get $2,400 per month. But we recently learned from a friend who is already on Social Security that there is a maximum amount that can be paid to a couple, meaning my wife’s benefit will be cut back because of that. I called Social Security’s toll-free number and they verified there is something called a family maximum. This just doesn’t seem fair. Can you shed some light on this?

Answer: Don’t worry. The family maximum rule does not apply to married couples. It applies to families when one or more dependent children are eligible for benefits. I’ll explain that in more detail in the next couple of questions and answers. But in your case, you and your wife will each receive your full Social Security retirement benefits with no maximum limitation involved.

Related Question: I am about to turn 66. My wife is 62. One of our children was born later in our marriage, so we have a 16-year-old daughter still in high school. My wife and I were each planning to take Social Security and we figured our daughter would get benefits, too. But a Social Security rep told us that the family maximum rule would prevent our daughter from getting anything. We’re confused. Can you help?

Answer: The key to answering your question is whether your wife will be getting her own Social Security retirement benefit, or if she will be getting benefits on your record. It was unclear from your email. If it’s the former, then this maximum stuff won’t impact you. If it’s the latter, it will.

There is a maximum that can be paid to a family on ANY ONE Social Security account. In what Social Security calls life cases, which is what you guys are, as opposed to death cases (which involve survivor benefits), the maximum is usually around 150 percent of the retiree’s full retirement benefit amount. (There is a bit of wiggle room there, but it’s generally right around 150 percent.) Since each dependent is due 50 percent of your rate, you and one dependent already make up the maximum. So if your wife is getting benefits on your record, you and she alone will already cap out at the maximum. They could technically put your daughter on your account, too, but then she and your wife would just split that 50 percent — so you end up with the same rate as if it was just you and your wife.

But if your wife is getting her own retirement benefit, then she’ll get that. And you will get your benefit, and your daughter will get her full (50 percent) benefit on your account. Again, what is called the family maximum is an issue on any one Social Security account.

Related Question: I am a 47-year-old widow with four sons under age 18. When my husband died several months ago, each of my sons started getting benefits on his record. They said I was also due benefits, but that I couldn’t get anything because whatever I got would simply reduce what the kids get. I didn’t really understand what they were telling me, but I went along with their recommendation and didn’t file for benefits for myself. But now I’m worried that maybe I was misled. Can you help me understand?

Answer:

Your situation is an example of a death case I referred to in the answer to the prior question. In these cases, the maximum payable to a family caps out at between about 175 to 200 percent of your husband’s basic Social Security benefit. The best way I can explain how this works is to use an example.

Let’s say your husband’s Social Security rate is $2,000 per month. And let’s further say that the maximum monthly amount payable on his Social Security account is $3,600.

I’ll call your sons Tom, Dick, Harry and Larry. Each child in a death case is potentially due an amount equal to 75 percent of your husband’s basic rate, or $1,500. And for that matter, you are also due the same monthly payment. So all five of you combined are technically due $7,500 per month. But the family maximum rule limits what can be paid your family to $3,600. So it’s like each of your sons is getting one-fourth of that $3,600 pie, or $900. I hope you can see that if you were also added to the rolls, the pie would simply be split five ways, meaning you each would get $720.

Assuming Tom is the oldest, when he turns 18 and is no longer eligible for benefits, Dick, Harry, and Larry will then split the pie three ways, meaning each will get paid $1,200, once again capping out at the $3,600 maximum.

When the next oldest, Dick, turns 18, then the story changes a bit. When he leaves the Social Security beneficiary rolls, then it will be time to add you. At that point, Harry and Larry will each get their regular full allotment of $1,500, or $3,000 total. That leaves $600 (remember, the family maximum is $3,600) that can be paid to you.

Finally, when Harry turns 18, then you and Larry will each get your regular payment of $1,500, and the family maximum will no longer be an issue.

If you have a Social Security question, Tom Margenau has the answer. Contact him at [email protected]. To find out more about Tom Margenau and to read past columns and see features from other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

COPYRIGHT 2014 CREATORS.COM

Source: Tom Margenau, ArcaMax.com, May 7, 2014

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Comments On This Topic

  1. How does the family maximum work if you have a adult disabled child. How much can be drawn off my husband’s record. Right now networks and gets social security part of the year. My daughter draws off his record .I turn 65 in July and plan to start my as then. I have worked paid in as but my husband has paid. In more

    • A child or an adult disabled child, collects benefits on the parent with the highest benefit. When there is only one dependent eligible for benefits on someone’s Social Security record, such as your daughter, the family max does not apply, and they will receive 50% of the wage earners FRA benefit amount. When you apply for your own benefits to start when you are 65, if you are eligible for a spousal benefit on your husband’s record, the family max will than take effect. To be eligible for a spousal benefit, 50% of your husband’s full retirement age benefit (FRA) benefit must be higher than 100% of your FRA benefit. The family max will normally be from 150% to 188% of the worker’s primary insurance amount (PIA), this amount is usually equal to your FRA benefit. If you are eligible for a retirement benefit on your own Social Security record, when you apply you will be deemed as filing for both your own retirement benefit and any spousal benefit you may be eligible for, and you will receive the higher of the two benefits. Be aware that you will be taking your benefits at 65, versus our FRA of 66, your benefits will be permanently reduced. To be able to determine how your spousal benefit (if you are eligible) or your daughter’s benefit will be affected by the family maximum I would need to know the amount of both yours and your husband’s FRA benefits. You may respond in a private email or call if you would like further assistance.

    • Ms. Brown:

      As a divorcee, you can receive benefits on your ex-husband’s work record if your marriage lasted 10 years or longer, you are unmarried, your ex-spousal benefit exceeds any benefit you would be eligible for on your own record, and your husband was in fact eligible for retirement or disability benefits. Under current Social Security rules, a spouse and an ex-spouse are both eligible to draw benefits on a worker’s record so, in answer to your question, you and the first wife would have equal eligibility (as long as the limitations described in the preceding sentence are met). Of course, the Family Maximum will apply, and this is typically 150% to 188% of the worker’s Primary Insurance Amount (basic full retirement age benefit).

      This can be a complicated area, so feel free to contact us at the AMAC Foundation ([email protected]) and we’ll help you answer any detail questions about your eligibility for spousal benefits.

      Thanks for your question.

      Gerry Hafer
      AMAC Foundation, Inc.

      Notice: The opinions and interpretations expressed in this message are the viewpoints of the message’s author, a trained advisor accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). The author, the NSSA, and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government.

  2. I was married for 9 years and 10 months. I was common law wife for three years prior to marriage . I divorced my husband due to assault. My ex husbanded died. When I turned 62 I filed for his social security since it would have been more than mine. I was turned down due to not being married a full ten years. I explained that I was common law at the time (Alabama ) but had no proof due to records being over 20 years old. I was told I could appeal, but had no further information to prove my case. Is there anything else I can do?? I offered affidavits from people who witnessed common law marriage but was told SS administration does not accept that. Your help is appreciated, thank you. Valerie Furst

  3. Tom – Enjoy your information in the Tucson paper. My case is very different than most women. I had a career
    in sales and was self supporting for over 40 years. However, was married young for 12 years. Many women
    seem to collect a lot of SS from various husbands. I was informed that I could only collect 1/2 of my ex’s SS.
    Even though I had to take SS at 62 because of job loss, my current monthly SS is $1,489. Unfortunately,
    half of my ex’s SS is lower than mine. Do you see any way that a self supporting single woman can gain
    in SS income? I believe that if my ex should die, I would collect his full benefit which is slightly higher than
    my own. Is that correct. I would appreciate any insight you could offer me and also tell me if I am correct.
    Thank you very much! Keep writing.

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