MILLION WIDOW MARCH
Mwm hat
Whistleblower of the year pic **************************
Hi, I’m John McAdams, retired Social Security Administration (SSA) Claims Specialist. In my 20 year career with SSA I came across three cases where SSA accidentally cheated large classes of their claimants. After failing to get any resolution with SSA management, I brought each case to the Office of Special Counsel (OSC). They investigated each case and agreed with me. They in turn sent each case to the Office of the Inspector General (OIG). OIG did full audits that verified the extent of problems. They also instructed SSA to remedy the situations.
Case I: Simultaneously Dually Entitled Widows
SYNOPSIS:
Claimants were erroneously signed up for both Retirement and Survivor (“Widow’s”) benefits. This gave them ZERO additional benefit over just entitling them to only the Survivor benefit. Worse, this precludes them from earning Delayed Retirement Credits (DRCs) which may have enabled them to switch to a higher benefit on their own record at a later date. OIG estimated some 11,000+ victims were cheated out of upwards of $130,000,000 ($130M). OIG recommended that SSA remedy the situation for all the victims. SSA refused to take any action.
DISCUSSIONS:
Office of the Inspector General Report (2/2018):
“… We estimate that 11,123 beneficiaries would have been eligible for a higher monthly benefit amount had they delayed their retirement application until age 70. Of these, we estimate SSA underpaid about $131.8 million to 9,224 beneficiaries who were age 70 and older. In addition, we estimate SSA will underpay an additional 1,899 beneficiaries who were under age 70 about $9.8 million, annually, beginning in the year they attain age 70.”
PBS News Hour:
Social Security whistleblower claims widows losing thousands due to agency mistakes | PBS News
“The problem: A person files for benefits. The claims taker accidentally signs them up for both WIB (survivor benefits) and RIB (retirement benefits). For most people it doesn’t have any effect – their PIA (primary insurance amount) was so low that their RIB would never have grown past their WIB. But for an unknown number of widows, having lost the ability to file for DRC’s (Delayed Retirement Credits), has already cost them tens of thousands of dollars — and will continue to cost them hundreds of dollars per month for the rest of their lives.”
Case discussed by Laurence Kotlikoff of Economics Matters:
Is Social Security the Biggest Perpetrator of Social Security Fraud? (substack.com)
“Social Security has, to date, done nothing to compensate its victims, let alone stop its practice.”
Case discussed with Sharyl Attkisson:
Shorting Seniors | Full Measure
“... almost a decade ago, McAdams discovered some of his colleagues at the Social Security Administration doing something that hurts their customers: dual-enrolling widows for survivor benefits and their own Social Security, which froze the value of their Social Security.”
“Unbelievably, says [Special Counsel Henry] Kerner, the Social Security Administration has now closed the case without paying any of the widows…. that was pretty disappointing, because that's approximately 13,500 people that could be entitled to damages up to $140 million, and there had been a commitment that they would look into those cases, and then we learned that actually, they're not going to revisit those beneficiaries.
EXAMPLE:
Case II: Benefits Payable to Widow(er)s Subject to Government Pension Offset Had They Delayed Their Application
SYNOPSIS:
Claimants were erroneously signed up for Survivor (“Widow’s”) benefits with a Month of Entitlement (MOE) for which no cash benefits were payable because of their Government Pension Offset (GPO). Had they been advised to wait and apply later (but certainly at or before their Full Retirement Age (FRA)), some would have eventually been eligible for cash benefits.
OIG estimated almost 2,000 victims were cheated out of $12,800,000 ($12.8M). OIG recommended that SSA remedy the situation for all the victims. SSA’s action was totally unacceptable (See Problem below).
DISCUSSIONS:
Office of the Inspector General Report (11/2020):
OIG Conclusion: Wwe estimate 1,938 widow(er)s would have been eligible for approximately $12.8 million had they delayed their widow(er)’s application up to FRA. We also estimate 1,615 widow(er)s could receive approximately $42.6 million in additional benefits over their remaining life expectancies.
OIG Recommendation: Evaluate the results for the 18 beneficiaries in our sample and take appropriate action to notify the remaining population of beneficiaries of their option to withdraw their application and reapply for widow(er)’s benefits.
Problem: SSA’s decision to allow victims to withdraw their original claim and re-apply, but only grant them 6 months of retroactivity (despite the fact that some have been cheated out of DECADES of benefits) is totally inadequate.
To withdraw, a claimant would need to pay back all the less-than-they-should-have-been benefits they’ve received over the years or even DECADES. Then they could re-apply but SSA will only grant them six months of retroactivity. This means it will take years if not DECADES to just break even. And they’ll forever have been cheated out of all the benefits they should have gotten between the original month of entitlement (MOE) and the new MOE.
An (actual) example:
Note:
MBA = Monthly Benefit Amount
GP = Government Pension
GPO = Government Pension Offset
Claimant received:
Date Original MBA GP GP Offset MBA after GPO
0615 2489.20 3842.34 2489.20 0.00
0616 2499.60 3842.34 2499.60 0.00
1216 2507.00 3842.34 2507.00 0.00
1217 2557.10 3842.34 2557.10 0.00
1218 2628.70 3842.34 2561.60 67.10
1219 2670.70 3842.34 2561.60 109.10
1220 2705.30 3842.34 2561.60 143.70
1221 2864.80 3842.34 2561.60 303.20
1222 3114.00 3842.34 2561.60 552.40
1223 3213.60 3842.34 2561.60 652.00
So she received a total of $21,260
She should've gotten:
Date Original MBA GP GP Offset MBA after GPO
0616 2613.40 3842.34 2561.60 51.80
1216 2621.20 3842.34 2561.60 59.60
1217 2673.60 3842.34 2561.60 112.00
1218 2748.40 3842.34 2561.60 186.80
1219 2792.30 3842.34 2561.60 230.70
1220 2828.50 3842.34 2561.60 266.90
1221 2995.30 3842.34 2561.60 433.70
1222 3255.80 3842.34 2561.60 694.20
1223 3359.90 3842.34 2561.60 798.30
So she should have gotten a total of $32,844.00
She was cheated out of $11,584 ($32,844 - $21,260)
Plus, she’ll continue to be cheated out of $146 ($798-$652) every month for the rest of her life.
Social Security's idea of "fixing" the situation?
Have her pay back everything she received - i.e. $21,260
Then start her correct benefits, but only as of 6 months ago - i.e. 4/2024
so going forward she'll get $798/month instead of $652 - a gain of $146/month.
Gaining $146/month, how long will it take her to recover the $21,260 she repaid?
145 months! 12 years!
She's 74 years old now.
In 12 years, if she lives that long, she'll be 86.
Only then will she have recovered the $21,260 she paid back and begin to actually gain the $146/month.
But she will FOREVER be out the $11,584 she should have received from 6/16 thru 4/2024
Some "fix," eh?
In OSC’s press release “celebrating” this fix: SSA to Allow Widowed Spouses to Refile Survivor Benefits Claims, Seek Millions in Reimbursement, after Failing to Inform Them of Options, Special Counsel Henry J. Kerner says, “Thanks to the whistleblower's vigilance in identifying and disclosing these matters to OSC, thousands of widowed spouses will be able to enjoy increased economic well-being, support, and peace of mind." Hardly!
Case discussed by Laurence Kotlikoff of Forbes Magazine:
Can You Sue Social Security for Swindling You Out of Lifetime Benefits?
I brought the issue to my management. They sent it up the chain and I received the following response:
"She would be out of luck unless she was somehow misinformed. I do not think there is a policy or some kind of duty to compel SSA employees to give this kind of advice to claimants….I am sure that it often does not occur to the claims taker that benefits may be available with a later filing and Month of Entitlement."
She was quite obviously misinformed! By taking the application now, the claimant got nothing. If we had told her to check again in the future, she would have gotten cash benefits. There was absolutely no reason to take the application at the current time.
So the claimant is "out of luck" because "it does not occur to the claims taker" to understand the basics of Month of Entitlement? This is another entire class of cheated widows we need to identify and make right.
Case III: GPO spouses who could have delayed
SYNOPSIS:
Basically the same as Case II except here the spouses are both still alive. Claimants were erroneously signed up for Spouse benefits with a Month of Entitlement (MOE) for which no cash benefits were payable because of their Government Pension Offset (GPO). Had they been advised to wait and apply later (but certainly at or before their Full Retirement Age (FRA)), some would have eventually been eligible for cash benefits.
DISCUSSIONS:
Special Counsel Press Release (12/2024):
EXAMPLE:
An actual example:
Claimant received:
Start Original MBA GP GP Offset MBA after GPO
0595 413.10 753.62 413.10 0.00
1295 423.80 753.62 423.80 0.00
1296 436.10 753.62 436.10 0.00
1297 445.30 753.62 445.30 0.00
1298 451.00 753.62 451.00 0.00
1299 461.80 753.62 461.80 0.00
1200 478.00 753.62 478.00 0.00
0701 478.40 753.62 478.40 0.00
1201 490.80 753.62 490.80 0.00
1202 497.60 753.62 497.60 0.00
1203 508.10 753.62 502.50 5.60
0104 508.10 799.54 508.10 0.00
1204 521.80 799.54 521.80 0.00
1205 543.20 799.54 533.10 10.10
1206 561.10 799.54 533.10 28.00
0707 561.10 823.52 549.10 12.00
1207 574.00 823.52 549.10 24.90
1208 607.20 823.52 549.10 58.10
1209 607.20 823.52 549.10 58.10
0710 607.20 848.23 565.50 41.70
1210 607.20 848.23 565.50 41.70
1211 629.10 848.23 565.50 63.60
1212 639.80 848.23 565.50 74.30
1213 649.30 848.23 565.50 83.80
1214 660.40 848.23 565.50 94.90
1215 660.40 848.23 565.50 94.90
1216 662.40 848.23 565.50 96.90
1217 675.60 848.23 565.50 110.10
1218 694.40 848.23 565.50 128.90
1219 705.60 848.23 565.50 140.10
1220 714.70 848.23 565.50 149.20
1221 756.90 848.23 565.50 191.40
1222 822.70 848.23 565.50 257.20
1223 849.00 848.23 565.50 283.50
So she received a total of $23,578
She should've gotten:
Start Original MBA GP GP Offset MBA after GPO
0498 588.30 753.62 502.50 85.80
1298 595.90 753.62 502.50 93.40
1299 610.20 753.62 502.50 107.70
1200 631.50 753.62 502.50 129.00
0701 632.10 753.62 502.50 129.60
1201 648.50 753.62 502.50 146.00
1202 657.50 753.62 502.50 155.00
1203 671.30 753.62 502.50 168.80
0104 671.30 799.54 533.10 138.20
1204 689.40 799.54 533.10 156.30
1205 717.70 799.54 533.10 184.60
1206 741.30 799.54 533.10 208.20
0707 741.30 823.52 549.10 192.20
1207 758.40 823.52 549.10 209.30
1208 802.30 823.52 549.10 253.20
1209 802.30 823.52 549.10 253.20
0710 802.30 848.23 565.50 236.80
1210 802.30 848.23 565.50 236.80
1211 831.20 848.23 565.50 265.70
1212 845.30 848.23 565.50 279.80
1213 857.90 848.23 565.50 292.40
1214 872.50 848.23 565.50 307.00
1215 872.50 848.23 565.50 307.00
1216 875.10 848.23 565.50 309.60
1217 892.60 848.23 565.50 327.10
1218 917.50 848.23 565.50 352.00
1219 932.20 848.23 565.50 366.70
1220 944.30 848.23 565.50 378.80
1221 1000.00 848.23 565.50 434.50
1222 1087.00 848.23 565.50 521.50
1223 1121.70 848.23 565.50 556.20
So she should have gotten a total of $84,150
She was cheated out of $60,572 ($84,150 - $23,578)
Plus she'll continue to be cheated out of $273 ($556 - $283) every month for the rest of her life.
If Social Security allows her the same withdraw and refile "fix" as they did with the GPO Widows (Case II above):
She'll have to pay back everything she received - i.e. $23,578
Then start her correct benefits, but only as of 6 months ago i.e. 4/2024
So going forward she'll get $556 instead of $283 - a gain of $273/month.
Gaining $273/month, how long will it take her to recover the $23,578 she repaid?
86 months, or 11 years.
She's 91 years old now.
In 11 years, if she lives that long, she'll be 102.
Only then will she have recovered the $23,578 she paid back and begin to actually gain the $273/month.
But she will FOREVER be out the $60,572 she should have received from 4/98 thru 4/24.
Again... some "fix," eh?
Conclusions:
OIG is part of SSA
Is it any wonder they haven’t been objective in …
Serving the needs of the public… or
Reverse of foxes guarding the hen house
Closing Thoughts:
"The Man In Green and Black"
Well, you wonder why I dress in green and black,
Why you never see bright colors on my back,
And why does my appearance seem to have a somber tone,
Well, there's a reason for the crap that I have on.
I wear green and black for the poor and the beaten down,
Livin' in the hopeless, hungry side of town,
I’m talkin’ ‘bout the widows who’ve been cheated for too long,
To them I dedicate this sorry song.
I’m in green and black for those who never read,
The Inspector General report that clearly said
That we’re holding back the cash we should’ve found and quickly sent
The issue long ignored by management.
Well, we're doin' mighty fine, I do suppose,
In our streak of lightnin' cars and fancy clothes,
But just so we're reminded of the ones we’re holding back,
Up front there’ll be me in green and black.
I wear it for the sick and lonely old,
the ones whose trusted government has left them cold,
I’m wearin’ it in mournin' for the lives that could have been,
Each week we lose too many more of them.
I wear it for the thousands who have died,
Believen' Social Security was on their side,
I wear it for the unknown number to whom we’ve lied,
They never thought we’d take them for a ride.
Well, there's things that never will be right I know,
And things need changin' everywhere you go,
But 'til we start to make a move to make a few things right,
You'll never see me wear a suit of white.
Ah, I'd love to wear a rainbow every day,
And tell the country everything's OK,
But I'll try to carry on with this darkness on my back,
'Till things are brighter, I'm in green and black.
And yes, I am indeed an Eagles fan,
A fiercely loyal member of that clan,
When you see me biking home riding underneath the arch,
Please think about this Million Widow March.
[1] You will need to PRINT this form. Then fill in this top section so Social Security can give you the information you need to determine whether or not you’re a victim.
YOUR NAME: ______________XXX______
YOUR SOCIAL SECURITY NUMBER: ____________________
YOUR DATE OF BIRTH: ____________________
YOU DECEASED SPOUSES’S NAME: ____________________
YOUR DECEASED SPOUSES’S SOCIAL SECURITY NUMBER: ____________________
YOUR DECEASED SPOUSES’S DATE OF BIRTH: ____________________
[2] Contact Social Security and have them give you the following information:
MONTH OF ENTITLEMENT FOR YOUR OWN RETIREMENT BENEFITS: ____________________(*)
YOUR PRIMARY INSURANCE AMOUNT (PIA) AT YOUR MONTH OF ENTITLEMENT TO RETIREMENT BENEFITS (PIA AT MOE FOR RIB): ____________________
MONTH OF ENTITLEMENT FOR SURVIVOR BENEFITS: ____________________(**)
DECEASED SPOUSE’S PRIMARY INSURANCE AMOUNT (PIA) AT YOUR MONTH OF ENTITLEMENT TO SURVIVOR BENEFITS (PIA AT MOE FOR WIB): ____________________
DECEASED SPOUSE’S DATE OF DEATH: ____________________
DECEASED SPOUSE’S MONTH OF ENTITLEMENT TO RETIREMENT BENEFITS (IF APPLICABLE): ____________________
If the Month of Entitlement for your own Retirement benefits (* above) is the same as the month of Entitlement for Survivor Benefits (** above), you may very well be a victim and should contact us immediately via text to 856-669-8573.
Questions? Contact us!