Understanding the Reduction of Social Security Benefits When Exceeding Maximum Family Benefits, § 404.403

Social Security benefits for a family with a worker and three dependents.

The Social Security Act sets a limit on the amount of monthly benefits that can be paid based on an individual’s earnings.

When the total benefits for all persons entitled to one earnings record exceed the maximum amount prescribed by law, the benefits must be reduced to comply with that maximum. This article provides an overview of the rules governing these reductions and offers examples to clarify the process.

Main Points:

  1. The method of determining the total benefits payable (the family maximum) depends on when the insured individual died or became eligible, whichever is earlier.
  2. The benefits of an individual entitled as a divorced spouse or surviving divorced spouse will not be reduced under these rules. The benefits of all other individuals on the same record will be determined as if the divorced spouse or surviving divorced spouse were not entitled to benefits.
  3. In cases where more than one individual is entitled to benefits as the spouse or surviving spouse of a worker for the same month, and at least one of those individuals is entitled based on a marriage not valid under State law, the benefits of the individual whose entitlement is based on a valid marriage will not be reduced.
  4. When a person entitled on a worker’s earnings record is also entitled to benefits on another earnings record, only the amount of benefits actually due or payable on the worker’s record is considered when determining how much to reduce total monthly benefits payable on the worker’s earnings record.

Examples:

The article includes three examples demonstrating how benefits are reduced when the maximum family benefits are exceeded. These examples involve different scenarios, such as when a wage earner, their spouse, and their children are entitled to benefits, and when some family members are entitled to benefits on their own records.

Here’s a simplified example of how the Social Security maximum family benefit works:

John, a retired worker, has a primary insurance amount (PIA) of $1,000. His maximum family benefit is $1,800 per month. He has a wife, Mary, and two children, Alice and Bob.

Under normal circumstances, each of John’s dependents (Mary, Alice, and Bob) would receive 50% of his PIA, which would be $500 each. However, the maximum family benefit must be taken into consideration.

The total of all benefits payable on John’s earnings record without considering the maximum would be $1,000 (John’s PIA) + $500 (Mary’s benefit) + $500 (Alice’s benefit) + $500 (Bob’s benefit) = $2,500. This amount exceeds the maximum family benefit of $1,800.

To adhere to the maximum family benefit, the dependents’ benefits must be adjusted. John’s PIA remains at $1,000, but the available amount for his dependents is now $800 ($1,800 maximum – $1,000 PIA). Since there are three dependents, the $800 is divided equally among them, resulting in a benefit of approximately $267 each.

The final benefits for the family would be:

  • John (worker): $1,000
  • Mary (wife): $267
  • Alice (child): $267
  • Bob (child): $267

Total: $1,800 (which equals the maximum family benefit)

Conclusion: Understanding the rules governing the reduction of Social Security benefits when total monthly benefits exceed the maximum family benefits payable is essential for individuals and families receiving these benefits. By becoming familiar with these rules, beneficiaries can better plan for their financial futures and ensure they receive the benefits they are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0403.htm

At Hugo Fierro & Michael Perez, we possess the necessary expertise to provide guidance and assistance in comprehending the intricate nuances of your Social Security disability claim.

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