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Can My Wife Get Spousal Benefits Only If She Was Drawing Disability Benefits At FRA?

My ex-wife, born July 1, 1950, was drawing disability for 18 months prior her full retirement age. She suspended her benefits before converting to regular benefits on her account and filed for ex-spousal benefits on my account. After approving her spousal benefits last year, they are now reversing their position saying she is not entitled to draw off my account and let hers grow because she was on disability.Is this accurate. I do not believe they are correct.

Hi,

Social Security rewrote their rules in December 2014 in order to prevent people receiving disability benefits from filing just for spousal or divorced spousal benefits only at full retirement age (FRA). Here is a link to the column that Larry wrote shortly after that: http://www.pbs.org/newshour/making-sense/social-securitys-christmas-pres....

So, it sounds like Social Security is probably correct in your ex-wife's case based on their new interpretation of the regulations, and assuming that your wife was still entitled to disability benefits when she reached FRA. If her disability benefits were automatically converted to retirement benefits at FRA, she could not receive divorced spousal benefits even if she suspends her own retirement benefits (https://www.ssa.gov/planners/retire/suspendfaq.html).

Best, Jerry

Posted: 
Jun 3 2017 - 7:52am
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