[kfgold]

I own a small liquor store which I have run for over 40 years. I’m 62 and my wife is 59. My son is in the business and he is 29. I applied for social security after I turned the business over to my wife. We purchased a home in Florida and I will be spending up to 2 weeks a month there. I intend to continue to work occasionally but will not earn more than $12,000 per year.

I was denied benefits since my wife is now working full time. Has anyone had a similar problem and what should I do in order to get the benefits that I am entitled to?

I’m looking forward to hearing back with some ideas.

[Joe E]

Social Security is applying their "questioable retirement" procedures to you. Because you own a business, you must prove to them that the value of the services you provide for the business are low enough to allow payment of benefits to you. The claim should NOT be denied for that reason. What they should do is "AWARD" you benefits, but not pay them due to your work and earnings. The advice in either case is the same: Appeal the decision and submit whatever evidence they request to show the value of your services to the business. If your claim was awarded but not paid, submit a report of your earnings for any past year, and estimate for the current year. That will force SSA to make another determination, and you will have appeal rights on that determination. If your claim was truly denied, submit an appeal of the denial along with your earnings information. Your reason for appeal should be something like "My current work and earnings are not a valid reason to deny my claim. Furthermore, my earnings, or the value of my services to the business, are low enough to allow payment of benefits to me."
I hope this helps. I have worked for SSA over 30 years.