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Social Security & Medicare Questions Q: My husband and I jointly owned a business. During the 10 years we were in business, we filed a joint return and paid quarterly taxes which included Social Security. A certified public accountant did our books and taxes. We never incorporated. In 1972 my husband became ill, we sold the business and in 1975 he died. After his death, I continued to work, and pay taxes including Social Security. At age 62 I checked my benefits. I discovered that for the 10 years in business I never received credit for Social Security payments. These were credited to my husband. My working years were diminished by the 10 years I had worked the hardest. Because my husband died young, his earnings, according to Social Security, did not net the income I had expected; yet Social Security said it was greater than my retirement benefit so that is what I received. This seems very unfair. Just because we have a print out of earnings, how do we know the benefit was calculated correctly? A: Other women (including your editor) who jointly own (ed) businesses with their husbands and who file joint returns share your problem. Contributions for Social Security taxes may get lumped together and credited to the husband's Social Security number. Mistakes in your earnings records, no matter what the reason, can be very costly. Generally you get only 3 years from the date of the error to submit a correction, but there are exceptions to this rule. Since you indicated in your letter you have contacted Social Security about the problem already, I suggest two further actions. Contact your Member of the House of Representatives and ask for the aide who is in charge of "constituent services." Every Member of Congress has aides in their offices who specifically handle problems for constituents, especially problems relating to Social Security. If you still have copies of the tax returns you and your husband filed jointly, have copies ready to make available. Another course of action is to file an appeal. Your local Social Security office will provide you with the information on how to do this. You may feel you need to retain the services of an attorney who specializes in elder law. If you need a referral for an elder law attorney in your area the National Senior Citizens Law Center (NSCLC) may be able to help. The NSCLC is a non-profit organization that offers a variety of legal services for seniors nationwide. Contact the National Senior Citizens Law Center, 1101 14th Street, Suite 400, Washington, DC 20005, (202) 289-6976. Medicare Begins New 800 Service There's a new toll free number for help with your Medicare questions 1-800-MEDICAR(E) 1-800-633-4227 between 8am-4: 30pm. The service offers:
You can also request a copy of the Medicare & You handbook. This article first appeared in Volume 5, Issue 1 of "The Social Security and Medicare Advisor" newsletter (November/1999). To receive future editions of "The Advisor" in its special, free e-mail version, please click here. | ||||||||
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