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Social Security

Want to protect yourself from tax return theft? You can’t.

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Zemanta Related Posts ThumbnailA surge of bogus tax return filings has highlighted a grim truth: We can’t protect ourselves from this rising threat.

An underfunded, understaffed IRS manages to thwart many attempts, but still sent more than $5 billion in refunds to identity thieves in the 2013 tax year. Most state tax agencies aren’t nearly as sophisticated in detecting fraud, which is why the bad guys seem to be targeting them this year.

The core problem is that the key to your tax refund–as well as to your credit and your health records–is your Social Security number, which was never intended as an all-purpose identifier.

Even if you’re vigilant in protecting your  number, you’re still at risk, because a lot of companies aren’t so vigilant.

Court Ventures, now a subsidiary off Experian, sold an unknown number of records including Social Security numbers to identity thieves from a database of 200 million files. Anthem’s breach exposed 80 million people’s records. And they’re hardly the only ones. The US Postal Service, University of California Berkeley, the Oregon Employment Department, dozens of hospitals and medical centers–the list of places Social Security numbers have been stolen goes on and on and on. (Check out the Privacy Rights Clearinghouse chronology of breaches, showing more than 1 trillion records have been compromised.)

You may be able to beat the thieves to your tax refund by filing early–but that boat has already sailed for many victims.

Read more in my Reuters column, “Why identity thieves are targeting your tax return.”

Q&A: Social Security disability insurance and survivor benefits

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Dear Liz: My first wife died six years ago at age 60. I was 52 and we had been married 27 years. My wife was on Social Security disability for 15 years before her death. My only dealing with Social Security after her death was to cancel her payments. I received no benefits of any kind. I am now remarried. Were there any Social Security benefits that I failed to request? Is there any effect on my future retirement?

Answer: You may have been eligible for a one-time payment of $255, but that’s likely all.

We’ll assume your wife was receiving Social Security Disability Insurance payments, which are disability checks paid to workers who have enough work credits in the Social Security system. SSDI is different from Supplemental Security Income, or SSI, a need-based federal program for low-income individuals who are disabled, blind or over the age of 65. Survivor benefits aren’t available under SSI, but they are under SSDI.

The rules for SSDI survivor benefits are similar to those under regular Social Security. Survivor benefits typically are available starting at age 60. Survivors who are disabled can begin receiving the benefits starting at 50, and survivors at any age can qualify if they’re caring for the deceased person’s child who is under 16. When you remarry before age 60, you can’t claim survivor benefits based on your first wife’s Social Security record unless the subsequent marriage ends in death or divorce.

Q&A: Social Security survival and spousal benefits

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Dear Liz: If my spouse takes spousal benefits from Social Security before his full retirement age, does that ultimately affect the survivor benefits he could receive?

Answer: As covered in previous columns, applying for spousal benefits before his full retirement age of 66 or 67 will lock him into a diminished check and preclude him from switching to his own benefit later. It does not, however, affect what he would receive as a survivor. His survivor benefit would be equal to what you were receiving at your death. To protect him (and yourself, should you be the survivor), you probably should delay starting benefits as long as possible to make sure you’re receiving the maximum benefit.

Q&A: When to start Social Security benefits

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Dear Liz: I am 63 and my husband is almost 64. He lost his job last year. We have been living on his $1,500 monthly pension plus what I could make from small contracts and drawing down our emergency fund. The fund and the contracts are now gone. We would like to get jobs, but we live in an isolated area and must sell our house first so we can move. It’s worth about $350,000 with no mortgage, but selling it could take a while.

My question: Is it better to pull from our retirement investments of $750,000, use our home equity line of credit until we sell our house or have me file for early Social Security benefits? We plan to have my husband wait to apply until his full retirement age and then file a restricted application so he gets only spousal benefits until age 70, when his own benefit maxes out. Meanwhile, we need money to live on. I ran a Social Security calculator, and it seemed to say the difference between my starting early and the maximum we could get for waiting was $35,000. Our financial advisor says to take Social Security, but he also manages our investments. We pay him 1% of our portfolio, so reducing it would reduce his income. Can you offer any guidance?

Answer: The benefit from delaying the start of your Social Security benefits is typically so great that knowledgeable financial planners would suggest tapping other funds, including your retirement account, if that’s the only way you can hold off.

If you followed the 4% rule for sustainable withdrawals, you could take $30,000 from your retirement fund the first year without having to worry too much about running out of money. You could take more, of course, and plan to cut back when the Social Security checks start flowing, but you run the risk of a downturn dramatically increasing the chances that you won’t have enough money to last your lifetimes.

Of course, everybody’s situation is different. If the gap between your strategy and maximum benefits is just $35,000 over your lifetimes, you’ll have to decide if that’s incentive enough to wait. Understand, though, that calculators designed to evaluate Social Security strategies aren’t all equal. The free ones tend to be simpler, while the ones that require a fee (typically $40) are more sophisticated and allow you to take more factors into account.

So here’s a game plan. Run one or more of the more sophisticated calculators such as MaximizeMySocialSecurity.com, SocialSecuritySolutions.com and SocialSecurityChoices.com. Then take the results to a fee-only financial planner who charges by the hour to get another opinion. You want a planner who uses Social Security maximizing software and who has received education in Social Security planning strategies (just ask). If you can’t find someone locally, there are plenty of good planners willing to consult long-distance via phone and email. You can get referrals from Garrett Planning Network, among other sources.

Q&A: Pensions and the windfall elimination provision

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Dear Liz: As a faculty member who was only recently allowed to participate in our state’s public employees’ retirement system, I will have a very small pension. I’m told that Social Security will then reduce my benefit by up to 50% as a result of the so-called windfall elimination provision. Can you tell me how this is legal?

Answer: Many people affected by Social Security’s windfall elimination provision are outraged that their benefits will be reduced. Before the provision was enacted in 1983, though, people who paid less into the Social Security system wound up getting an outsized benefit.

Here’s why. Social Security is designed to replace more of a worker’s income the less he or she makes, with the understanding that saving for retirement is harder the lower your income.

When you get a pension from an employer who doesn’t pay into the Social Security system, but you also qualify for Social Security benefits from other jobs, your Social Security earnings record can look as if you were a long-term, low-wage worker even when you’re not. Without the windfall elimination provision, you could wind up with a Social Security check that replaces more of your income than you would have received had you only worked in jobs covered by Social Security.

How much your benefit will be reduced depends in part on how many years you worked in those other jobs — the ones that were covered by Social Security. The longer you worked at jobs covered by Social Security, the less the windfall elimination provision affects you, as long as you had “substantial earnings” from those jobs. The amount that’s considered substantial varies by year, ranging from $3,300 in 1974 to $21,750 this year. You’ll experience the maximum 50% reduction if you have 20 or fewer years of substantial earnings. If you have 30 years of such earnings, the provision doesn’t affect you at all.

Q&A: Social Security and same-sex marriage

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Dear Liz: My partner of 30 years recently died. Am I eligible for Social Security survivor benefits? I don’t want anything I don’t deserve, but if I’m entitled to something, every penny would be appreciated. I am 54 and make minimum wage.

Answer: Your eligibility for Social Security benefits as a spouse depends on three factors: whether your state recognizes same-sex marriages, whether it did so on the date your partner died and whether you were legally married. (You wrote “partner” rather than “spouse,” which suggests you may not have been.)

The Supreme Court paved the way for Social Security to offer same-sex benefits when it ruled parts of the federal Defense of Marriage Act unconstitutional last summer. Social Security has taken the position that it must follow state law in recognizing same-sex marriages and that what matters is where the couple live, not where they married. Even in states where same-sex marriage is currently legal, Social Security denies survivor benefits if it wasn’t legal when the spouse died.

If you are eligible, you can start receiving benefits as early as age 60. (Survivor benefits are available at any age if the widow or widower takes care of a child receiving Social Security benefits who is younger than 16 or disabled.)

Starting early reduces your survivor benefit significantly compared with what you would get if you wait until your full retirement age of 67. As a survivor, though, you’re allowed to switch to your own benefit later, if that benefit is larger. (That’s different from spousal benefits, where spouses are precluded from switching to their own benefits if they start getting Social Security checks before their own full retirement age.) If your survivor benefit is likely to be larger than any benefit you’ve earned on your own, though, it typically makes sense to delay starting Social Security as long as possible to maximize what you’ll get.