Austin Texas Estate Planning Blog


Who Shouldn’t Rely on Social Security?

August 13, 2023 • | Law Office of Zachary D Kamykowski, PLLC
Not everyone can count on Social Security.

Social Security is a cornerstone of retirement for many Americans. However, not everyone can or should rely solely on these benefits. As an estate planning attorney, I've seen firsthand the challenges and misconceptions surrounding Social Security. Drawing from the insights of various experts in the field, let's delve deeper into the intricacies of this system and understand who should not be relying on Social Security benefits for their retirement income.

  1. Infrequent Workers and Late Immigrants: The U.S. Social Security Administration (SSA) mandates that most individuals accumulate at least 40 "credits" during their working years to qualify for Social Security retirement benefits. Infrequent workers, those with sporadic employment history, and immigrants who arrived in the U.S. later in life constitute over 85% of individuals who never receive benefits. These groups must have alternative retirement plans in place and not depend on relying on Social Security.
  2. Noncovered Workers: Certain states have public employees who Social Security doesn't cover because they receive pensions. These individuals must know their pension details and any other retirement benefits they might be entitled to.
  3. Debtors with Government Dues: Owing money to the government can lead to a portion of your Social Security benefits being withheld. This includes federal tax debts, federal student loans, child support, or alimony. It's essential to settle these debts or have a clear repayment plan to ensure you receive the full benefits you're entitled to.
  4. Expatriates in Certain Countries: While retiring abroad is a dream for many, it's vital to note that there are specific countries where the SSA can't send money. Before making an international move, it's wise to consult with an estate planning attorney to understand the implications for relying on Social Security benefits.
  5. Incarcerated Individuals: Most prisoners are prohibited from receiving SSA payments during incarceration. This can have long-term implications on their financial health post-release, making it imperative for them to have a robust financial plan in place.
  6. Self-Employed Individuals: Being self-employed comes with its own set of challenges. One is ensuring you report your wages and pay the full 12.4% Social Security taxes to the IRS. Even if you don't owe any income tax, you must complete Form 1040 and Schedule SE to pay self-employment Social Security tax. This is crucial, especially if you're already receiving Social Security benefits.

Additional Insights:

  1. Early Claimers: One common misconception is that you should claim Social Security benefits as soon as you're eligible. However, claiming benefits before your full retirement age can reduce the monthly amount you receive. Evaluating your financial situation and consulting with a financial advisor before making this decision is essential.
  2. Those Without a Clear Estate Plan: While Social Security benefits play a vital role in retirement, they shouldn't be the only source of income. It's crucial to have a clear estate plan that includes other sources of income, such as investments, savings, and other retirement accounts. An estate plan ensures financial Security and helps in the smooth transition of assets to beneficiaries.
  3. Individuals with Significant Gaps in Employment: Significant gaps in employment can affect the amount of Social Security benefits you receive. It's essential to be aware of this and plan accordingly, especially if you're considering taking extended breaks from work.


Social Security is a complex system with various nuances. While it provides a safety net for many, it's essential to be aware of the situations where you might not receive benefits or where the benefits might be reduced. As an estate planning attorney, I always emphasize the importance of being proactive, staying informed, and seeking expert advice to navigate the intricacies of Social Security and ensure a secure financial future.

Reference: Money Talks News (April 7, 2023) “6 Groups Who Cannot Rely on Social Security Benefits”

Law Office of Zachary D Kamykowski, PLLC

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Austin, TX 78738

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