Ask Larry

Can I Get A Higher Disability Benefit From My Ex-Spouse's SS?

Im on ssd now and wonder if i could claim more ssd off my exhusbands(married 23yrs) ss now or do i have to wait for him to retire.

Hi. No. There is no such thing as a disabled spousal or disabled divorced spousal benefit. The only way that you could possibly qualify for a disability benefit based on your ex-husband's account is if he's deceased and if you are at least age 50.

You may be able to qualify for regular divorced spousal benefits based on age, though, but only if you're at least age 62 and if your ex-husband's primary insurance amount (PIA) is more than twice as much as your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their unreduced Social Security disability (SSDI) benefit rate. However, if you do qualify for divorced spousal benefits, your divorced spousal rate would be reduced for age if you start drawing prior to your FRA.

Best, Jerry

Posted: 
Jul 24 2021 - 11:25am
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