Ask Larry

Can I File A Restricted Claim For Spousal Benefits If My Wife Is Drawing Social Security Disability?

Larry, can I file a restricted claim on my wife's Social Security Disability benefit? I understand it would pay half of her benefit amount without affecting her eligibility or benefits.

I have was born in 1953 and have reached full retirement age, but still work full time. She has not reached full retirement age.

Hi,

Yes, regardless of your wife's age if she is eligible for Social Security disability (SSDI) benefits and since you were born prior to January 2 1954, you can file a restricted application for spousal benefits only effective with the later of a) the month you reach age 66, or b) your wife's first month of entitlement to SSDI. You couldn't claim retroactive benefits for more than 6 months prior to the month of your application, though.

However, Social Security uses a different method of calculating the family maximum benefit (FMB) that can be paid on the records of people drawing SSDI than the method used to calculate the FMB on the records of workers who receive regular Social Security retirement benefits. That can limit the FMB in some cases to no more than the amount payable to the disabled worker, effectively reducing to zero the benefit amount payable to family members (e.g. spouse, children) who would otherwise qualify for auxiliary benefits.

I don't have enough information about your wife's SSDI rate to know if your potential spousal benefits will be affected by the FMB, but it sounds like you should check with Social Security to find out. You may also want to use our software (https://maximizemysocialsecurity.com/purchase) to explore your options so that you'll be able to choose the best strategy for maximizing your benefits.

Best, Jerry

Category: 
Posted: 
Dec 24 2019 - 10:12am
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