Can I File A Restricted Claim On My Ex At FRA And File On My Own At Age 70?

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Feb 7 2019 - 4:51pm

HI, I JUST READ YOUR GREAT ARTICLE ON HOW SOC SEC SNUCK IN THE CHANGE WHICH POHIBITS PEOPLE ON DISABILTY FROM FILING AT FULL RETIREMENT AGE ON A SPOUSE OR EX SPOUSE ...AND THEN CONVERTING BACK TO ONES OWN CLAIM..THUS REAPING THE 32% INCREASE FROM 66 TO 70.THIS IS HORRIBLY DISCRIMINATING AGAINST DISABLED PEOPLE.MY QUESTION IS..IS THAT TERRIBLE LAW STILL IN PLACE?CAN I DO A RESTRICTED CLAIM AT FRA (66)..FILE ON MY EX AND CLAIM ON ME AT AGE 70?I WAS MARRIED FOR 10 YEARS AND HAVE BEEN DIVORCED FOR MANY YEARS.THANKS!CONNIE

Hi Connie,

For other readers, the article you mentioned can be read here: https://www.pbs.org/newshour/nation/social-securitys-christmas-present-b.... And, yes, Social Security's interpretation of that law is still in effect.

If you were born prior to January 2 1954 you could potentially file for divorced spousal benefits only at your full retirement age (FRA) while letting your own Social Security retirement benefit rate grow until age 70, but not if you are already drawing Social Security disability (SSDI) benefits when you reach FRA. SSDI benefits automatically convert to regular retirement benefits at FRA, and even if you suspend your benefits at that point you couldn't be paid any other type of benefits while your retirement benefits are suspended.

The only way that people receiving SSDI benefits who were born prior to January 2 1954 could file a restricted application for spousal or divorced spousal benefits only at FRA is if they withdraw their application for SSDI and repay any SSDI benefits they've received. However, people born after January 1 1954 aren't allowed to file for spousal or divorced spousal benefits at any age without being deemed to also be filing for their own Social Security retirement benefits at the same time. You may want to strongly consider using our software to explore and compare your filing options in order to determine your best strategy for claiming your benefits.

Best, Jerry