Fresno, CA asked in Insurance Bad Faith for California

Q: If a claimant withdrawals a claim due to errors of the examiner in an interview will you loose all your benefits f

My husband died recently. I filed a claim for Surviving Spouse benefits. My income is larger than his. The examiner stated I qualify however because of GOP windfall I do not qualify. I applied under my own record of SSA which I am getting my benefits now for the last 2 years. On my record the examiner put me under Survivor benefits of 101.00 dollars because of GOP however I will not get that money. never. I do not understand why I am eligible and they put in on my record changed from own earning record to my husbands earning record which is much much lower. And I do not get anything zero on his. However, I do get my current record benefits now. I am semi retired still working some. Also the interview made errors on the facts on my statements. Please help advise thanks I do not know how this will affect me, and taxes and gross earnings and if my earnings reach above a certain amount will my social security be dropped?

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1 Lawyer Answer

William John Light

  • Insurance Claims Lawyer
  • Riverside, CA
  • Licensed in California

A: The Government Pension Offset (GPO), reduces Social Security benefits paid to spouses or survivors when the spouse or survivor earned a pension from a government job that was not covered by Social Security. The GPO reduction is equal to two-thirds of the amount of the pension payment from noncovered government work (SSA 2012).

There are many SSI/SSD attorneys out there who can advise you on this. It is not the kind of question for a quick and easy response from the internet. You are probably going to have to call and talk to an attorney who is experienced in this field.

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