I am 64 years old and still working. I was married for 16 years and then divorced. I have been married to my current husband for 21 years. He is 56, disabled, and on SSDI. Your book states that older spouses can collect a spousal benefit at age 62 no matter the age of the disabled worker. Does this mean I could retire now with a spousal benefit and let my own retirement benefit grow until age 70? Would I collect a percentage of my husband's benefit?

Hi,

Reduced spousal benefits may be payable as early as age 62 on the account of a spouse who is receiving Social Security disability benefits, but if you file before full retirement age (FRA), you'll also be deemed to be applying for benefits on your own record. In that case, your own benefits will also be reduced. Additionally, there is an earnings test (https://www.ssa.gov/planners/retire/whileworking2.html) that could prevent you from receiving benefits before FRA.

Fortunately, you were grandfathered under the 2015 law passed by Congress with regard to deeming (https://secure.ssa.gov/apps10/reference.nsf/links/02052016024404PM). Therefore, you can file a restricted application for spousal benefits only when you reach age 66, then switch to your own account at age 70 when it will be at it's highest possible rate. However, there is a special family maximum formula that applies to benefits payable on the accounts of people drawing disability benefits, so the spousal benefits payable to you could be less than 50% of your husband's benefit, which is the unreduced spousal rate on retirement accounts. In fact, if your husband's yearly earnings prior to becoming disabled were low enough, the spousal benefit payable could be as low as zero.

You may wish to consider running the maximization software available on this website. It should help clarify your options so you can make the best possible filing choices.

Best, Jerry