Ask Larry: Questions and Answers | Maximize My Social Security

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How Would A Divorce Affect Our Benefits?

Im on ssi and my wife is on ssi and ssdi. How will it affect our benefits if we got a divorce?

Hi,

My expertise is limited to Social Security benefits, and I only have a limited knowledge of Supplemental Security Income (SSI). All I can tell you for sure is that a divorce would have no effect on your wife's Social Security disability benefits (SSDI).

What, if any, effect that a divorce would have on your SSI benefits depends on a number of variables, such as your living arrangements following the divorce. If you and your wife would be . . . Read More

Category: Supplemental Security Income
Posted: Jan 19 2019 - 11:01am

Is It Correct That My Wife Was Born A Year Too Late To File For Spousal Benefits While Letting Her Own Benefit Rate Grow?

Larry,
Wife born in 55. My understanding is that we are a year too late to file for her spousal then switch to her own at seventy. Is this correct? I waited 'til seventy, she is sixty three. Thank you Larry. RP

Hi,

Yes, that's correct. Since your wife was born after January 1 1954, she could never apply for spousal benefits without also filing for her own retirement benefits (https://www.ssa.gov/planners/retire/deemedfaq.html).

Your wife's best filing strategy depends . . . Read More

Category: Filing Options
Posted: Jan 18 2019 - 4:27pm

What Is My Best Strategy To Maximize My Benefits?

I am a widow, age 61.i would like to retire at 62. My husband (second) was on disability for over 10 years. My first husband (we were married 19 years then divorced). I am currently still working and earning too much to get survivor benefits. What is my best strategy to maximize my benefits?

Hi,

The answer to your question depends mainly on the relative benefit rates that you could be eligible for on your own record and on the records of your former spouses.

Your best strategy is likely one of the following:
1) File for reduced survivor . . . Read More

Category: Filing Strategies
Posted: Jan 18 2019 - 2:47pm

Would The Fact That I'm Receiving My Ex-Husband's Pension Have Any Effect On My Social Security Benefits?

In my divorce after 27 years of marriage I have been receiving my ex's pension......I am now thinking of collecting social security...since I did not earn this and it was part of divorce decree....does this have any effect on my SS benefits.

Hi,

No, receipt of a pension based on your ex-spouse's work and earnings would not have any effect on your Social Security benefits or options. Before filing for your benefits, though, you should strongly consider using our software to explore and compare your options so that you can choose the best possible . . . Read More

Category: Miscellaneous
Posted: Jan 18 2019 - 2:39pm

Is There A Waiting Period Before You Can File For Benefits On The Record Of A Deceased Ex-Spouse?

im 60 just got a divorce. I am going to file for survivors benefits on my deceased x spouse. My questions is are there a waiting period after divorce. I know you have to wait 2 years if your x is still alive but what about if their dead.

Hi,

I'm not sure if you mean that you just divorced a husband who has since died, or if you mean that you just got divorced from a spouse to whom you were remarried after divorcing a prior spouse who's now deceased. In either case, however, there wouldn't be any waiting period for filing for surviving divorced . . . Read More

Category: Divorced Widow(er) Benefits
Posted: Jan 18 2019 - 2:21pm

Can My Wife Voluntarily Suspend Her Benefits Online?

Planning ahead for possibility of delayed retirement benefits for spouse who is 62 and currently receiving SSDI. Have had two phone interactions with SocSec and one in person. One of the phone reps and the in-person rep simply stated that it could not be done, implying that spouse had already gotten a deal on the level of his SSDI payments. Quoted the POMS section you referenced in an archived answer to the guy on the phone, asking for his interpretation. He did his best to avoid acknowledging the meaning of that reference, and tried to tell me why it would be a bad idea, . . . Read More

Category: Suspending Retirement Benefits
Posted: Jan 18 2019 - 12:30pm

Can I Submit A Restricted Application For Spousal Benefits At The Same Time My Husband Applies?

Can I submit my restricted application for my spousal benefit at the same time my husband applies for soc sec, or do I have to wait until his application is approved?

Hi,

Yes, you can apply for spousal benefits at the same time that your husband files for his benefits and before his claim is approved. You can only file a restricted application for spousal benefits effective with the month that you reach full retirement age or later, but you could submit your application up to 4 months before then.

Best, Jerry

Category: Filing For Benefits
Posted: Jan 18 2019 - 12:15pm

Am I Entitled To Any Of My Husband's Benefits Now?

I've been married since 1987. As far as I know we have never been legally separated or divorced. We parted ways in 2003 not keeping in touch with other. I recently received a text from him telling me that he is living in Virginia and that we are still married. The reason that we split up was 1. He was always running around 2. He had a bad drug habit 3. I was sick and was missing a lot of work. It put us in a financial bind.
I've been on SSI since approximately 2010 I believe. I am 55 yrs old and he will be 59 this yr.
Since we are still married 31 yrs and I am . . . Read More

Category: Spousal Benefits
Posted: Jan 18 2019 - 11:49am

Would I Get My Husband's Higher Benefit Amount If He Dies Before Me?

Both my husband (73) and I (70) receive social security benefits.Both have been effected by the Windfall Act. His is much higher than mine. If he dies, can I receive his benefits instead of mine?

Hi,

That depends on the type of pension you receive that's causing your own retirement benefit to be affected by the Windfall Elimination Provision (WEP). If it's a government pension from a U.S. agency (e.g. federal, state, local), then any widow's benefits for which you would otherwise qualify would likely be subject to offset due to the Government Pension . . . Read More

Category: Widow's Benefits
Posted: Jan 18 2019 - 7:41am

WIll My Social Security Be Reduced By 40% Due To WEP?

Larry, I just turned 62. My adult life was spent working as a police officer. For 18 years I worked for a county that paid into SS. The county also contributed to the State of Idaho public employees retirement fund. For 16 years I worked for a city that contributed to a 457 fund instead of SS. I have a lump sum valuation from this 457 fund. I do not receive monthly payments. I also voluntarily contributed a substantial amount of money to this fund. The city contributed to the same Idaho public employee retirement fund that the county paid into on my behalf..(PERSI) I receive a . . . Read More

Category: Non-Covered Pension - WEP / GPO
Posted: Jan 17 2019 - 3:59pm

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