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Am I Eligible To Draw Just Widower's Benefits And Wait Until Age 70 To Draw My Own Benefits?

Larry and your colleagues -- thank you very much for providing an excellent service to the community. My question is a bit complicated -- hopefully you will be able to find time time to answer it. I was born in 1953. I have been qualified and received social security disability benefits until I was 66 and then my social security benefits converted into my regular social security benefits upon reaching my FRA. Though my social security disability payments were supposed to stop earlier when I turned 65 and 8 months old because I started working when I turned 64 and 11 months old and continued working for 9 months continuously receiving about $2,000 each month (trial work period). Thus, Social Security retroactively asked me to pay them back for 4 months over-payment as they determined that my disability ended 4 months prior to me turning 66 years old -- I promptly paid them back. In my situation, I am also eligible to receive widower social security benefits, which I already received for 1 year when I turned 60 years old before I became disabled at 61 (after turning 61 -- I was switched to the disability benefits). Since my disability actually ended 4 months before I reached FRA -- would I be able to request Social Security to also repay them back the "converted" Social Security benefits which I received automatically (without my request) after I turned 66 years old? -- and then reinstate my widower's benefit starting from the time I turned 65 and 8 months old and continue to receive the widower's benefit until I turn 70 years old -- and then go on my own social security retirement benefits at 70 ( at increased amount above my regular FRA payments)? Furthermore, how much my widower disability benefits be reduced because I already received them for 1 year between being 60 and 61 years old and for 4 months prior to reaching 66 years old?

Hi,

No, it doesn't sound like you'd be eligible to opt to receive widower's benefits while allowing your own Social Security retirement benefits to grow until age 70. If Social Security started paying you your retirement benefits automatically when you reached your full retirement age (FRA) of 66, that means that your entitlement to Social Security disability (SSDI) benefits apparently hadn't actually terminated prior to then.

When a person on SSDI completes their 9 month trial work period, they get an extended period of eligibility (EPE) lasting for at least 3 years during which their SSDI benefits can be paid for any months that their earnings are below substantial gainful activity (SGA) level. During the EPE, the person is still considered to be entitled to SSDI even if their benefit payments are suspended due to their work and earnings. So, even if you weren't due benefits for the months preceding your FRA due to your work and earnings, if you were still technically entitled to SSDI and in your EPE you could not elect to refuse the automatic conversion to retirement benefits at FRA.

If your SSDI entitlement did actually terminate, which is different from a benefit suspension caused by work and earnings, then you would have had the option to file just for widower's benefits at FRA (or earlier) and not file for your retirement benefits until age 70. It doesn't sound like that would be an option in your case, but you might want to check with Social Security to see if your SSDI did officially terminate prior to your FRA.

Best, Jerry

Category: 
Posted: 
May 31 2019 - 9:17am
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