Ask Larry

Can I File A Restricted Application For Spousal Benefits Only If I'm Receiving SSDI?

Hello Larry:
I am married, turning 65 years-old this October, and have been receiving SSDI for approximately one year. My wife would like to retire next year and begin drawing her SSRB, while I would concurrently file a restricted application, applying for the spousal benefit in order to receive 50% of her FRA amount.
QUESTIONS: since my SSDI automatically converts to a SSRB when I turn 66, how am I able to file a restricted application? Would it be necessary for me to Suspend my SSRB at age 66?
Thank you very much for your help,
TM

Hi TM,

Unfortunately, there is no way to follow the strategy you suggest without withdrawing your Social Security disability (SSDI) claim and paying back all of the benefits you've received to date. Social Security rewrote their rules in December 2014 to prevent people who receive SSDI from employing this strategy (http://www.pbs.org/newshour/making-sense/social-securitys-christmas-pres...).

However, there are likely a number of other potential filing options available to you and your wife depending on your wife's birthdate and your relative benefit rates. You should strongly consider using the maximization software available on this website to explore all of your options and determine your best overall strategy.

Best, Jerry

Posted: 
Aug 7 2017 - 11:57am
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