Ask Larry

Can My Brother Receive Spousal Benefits If His Wife Receives Disability Benefits?

My disabled sister in law (age 62) has been on social security disability for two years. Her 64 year old husband is still working. Can he apply for spousal benefits? Should he? At what age? Thanks.

Hi,

Possibly, but he almost certainly wouldn't want to apply until he reaches full retirement age, which is age 66 in his case. If he applies for spousal benefits before full retirement age, he'll be deemed to have also applied for reduced retirement benefits on his own record. Furthermore, there is a earnings test that applies prior to full retirement age (https://www.ssa.gov/planners/retire/whileworking2.html) that could limit his ability to receive benefits if he's still working.

Your brother's best strategy may be for him to apply for spousal benefits only at age 66, then switch to his own record at age 70. He may want to consider running the maximization software available on this website in order to determine his best filing strategy.

Best, Jerry

Category: 
Posted: 
Oct 25 2016 - 6:30am
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