Lina M. Keller applied for early reduced social security retirement benefits at age 62. She received 18 months worth of benefits from January 1963 through June 1964. She resumed employment in July 1964 and thereafter became ineligible for benefits.

She sought to withdraw her early retirement application and to receive her full amount of retirement benefits at age 65. But, rather than refunding the 18 moths’ worth of benefits she had received, as required by statute for an effective withdrawal, she sought to have her future benefits withheld in order to repay the benefits she had received.

While the Court lauded Ms. Keller’s creativity, it held that her novel scheme was meritless and did not adhere to the statutory plan for withdrawal of an early application for retirement benefits. There was no guarantee she would not return to work post-retirement employment (which is indeed what occurred) and thereby be ineligible for the benefits which she sought to forego.

See Social Security Ruling (SSR) 67-36c.

Moral of the story children: when in doubt, follow the letter of the law. The law, while it can be changed, shaped, molded, and prodded along to higher ground and greener pastures over time, is nevertheless a creature firmly ensconced in the mud that obeys the law of inertia and is stubbornly resistant to innovations and experiments upon its staid and stolid character. Consider yourself forewarned.

That was a bombastic paragraph, but I had fun composing it.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.