People often complain to me about Social Security rules that they think are unnecessary. But there is almost always a good reason for the rules. I’ve saved up some emails from readers that explain what I am talking about.
Q. I am 62 years old and not working—although I did work for about 30 years. My 61-year-old husband just died. We were married for 35 years. I tried to file for widow’s benefits online and learned I can’t do it that way. I have to make an appointment. This makes no sense. It looked like claims for all other Social Security benefits can be filed online. So why not widow’s benefits?
A: It used to be easier to file for widow’s benefits, including online applications. But then a government watchdog agency did a study and learned that many widows were losing out on benefits they were due because the online process didn’t sufficiently explain their options.
In your case, for example, you could file for reduced widow’s benefits now, and then at age 67, switch to full retirement benefits. Or you could wait until 70 and get a 28 percent delayed retirement bonus added to your monthly retirement checks.
Another option you would have is to file for reduced retirement benefits now, and switch to full widow’s benefits when you reach full retirement age.
So during an in-person interview, the Social Security rep would explain these options to you. Which option you pick depends on the money amounts involved.
There are exceptions to the in-person interview requirement. For example, if you are over your full retirement age and were getting spousal benefits on your husband’s record before he died, you will be simply converted to widow’s benefits once you notify the Social Security Administration of the death.
Q. My 91-year-old mother recently moved in with us. I tried to change her address in the SSA’s records, but they won’t let me. Why not?
A: It has to do with privacy laws. Those laws say you can’t have access to someone else’s Social Security records—even your own mother’s. I know you are just trying to help her. But the law is very strict about this.
If your mother is mentally incapable of handling her own Social Security affairs, then you can file to be what the SSA calls her “representative payee.” Once you have that designation, you can handle all of your mom’s Social Security matters, including filing a change of address.
However, if your mom is still mentally competent, then you are just going to have to figure out some way for her to contact the SSA to change her address.
Q: I’m trying to help my aging father with his Social Security affairs. I have been appointed his power of attorney. But the Social Security people say this isn’t good enough. That makes no sense.
A: Well, it will make sense when you hear my explanation. As I pointed out in the answer to the prior question, it all comes down to those privacy laws. Only your dad can have access to his Social Security records—unless he is judged to be mentally incompetent. And if he is, then you have to file to be his “representative payee.”
The reason that power of attorney status doesn’t work is that you can get that designation for a variety of reasons. For example, your dad may be totally mentally capable, but he just needs your help dealing with various legal obligations. That and other reasons are why “power of attorney” is not good enough for Social Security matters.
Q. I’m getting ready to file for Social Security. I’ve been told I need to provide my birth certificate. Why? I’ve got a driver’s license and military discharge papers and passport and other government documents, all of which show my date of birth. If it’s good enough for other government agencies, including other federal agencies, why isn’t it good enough for Social Security?
A: It’s because those other agencies are usually only marginally interested in your date of birth, but the Social Security Administration is keenly interested. Why? Because your date of birth is a key factor—actually it is the most important factor—in determining your eligibility for, and the amount of, your Social Security benefits.
Because it is so vital, it is crucial that the SSA have access to your birth certificate. For even more on this issue, check out the answer to the next question.
Q. I am about to file for Social Security. I was born in England but have lived in the U.S. since childhood. Although not impossible, it will be difficult for me to get my birth certificate. I have lots of other records that have my birth date on them, including even old school records. But the Social Security people want me to get my birth certificate. Why?
A: I'll start out with the same point I made in the prior answer. Your date of birth is the most crucial element to your Social Security claim. And the issue of which records can be used to prove your date of birth has been studied over and over again by the SSA. And every study I’ve ever seen comes down to this fact: the oldest record of your birth is the best record of your birth. So obviously a record made around the day of your birth (a birth certificate) is going to be at the top of the list.
Of course, there are a few cases where a birth certificate for a person was simply never recorded, or was destroyed in a fire, or for whatever reason is just not available. In those cases, the SSA still falls back on that “the oldest record is the best record” maxim. For example, they might use a religious record of birth—if the person was baptized at an early age. Or early school or government census records also can be used. But in your case, since your birth certificate exists, you are going to have to try to get it.
