Ask Larry

Can You Explain My Wife's Benefits?

Hi Larry, I recently started receiving my SS at age 62. I receive $1986 a month and my wife, 63 receives, $1377. I know this doesn't look right except that we have a daughter with special needs that currently receives SSI. We applied for SSDI for my daughter and are still awaiting their decision. I expressed my concern to the person in the SS office about my wife receiving so much and she told me that my wife's SS payment would be readjusted to $1033 once my daughter was approved for SSDI and my daughter would receive the same amount as my wife. I assume this is because of my family max. My concern is that I thought my daughter had to already be on SSDI before my wife could receive 50% of my PIA which is $2754 and that both my wife and daughter would receive equal amounts based on my family max and my part at age 62. I just want to make sure I won't have to pay back the excess amount on my wife's current amount because my daughter is on SSI and not SSDI. Please help me understand. Also, what should I tell the SS office if any changes have to be made. I explained that my daughter is currently on SSI when I applied for mine and my wife's SS benefits. Thank you.

Hi,

Please be aware that I don't have access to the full facts of your case so what I'll explain is speculative. I assume from what you've said that your wife isn't drawing her own benefits, and is only eligible for spousal benefits. The only way that your wife could be due a full 50% of your primary insurance amount (PIA) at age 63 is if Social Security is paying her a child-in-care spousal rate. Otherwise, her spousal rate would be reduced for drawing prior to full retirement age (FRA).

You're correct that your daughter must actually be eligible for child or disabled adult child (DAC) benefits on your record in order for your wife to qualify for the child-in-care spousal benefits. If your daughter already qualifies for Supplemental Security Income (SSI) and has been drawing those benefits since prior to when she reached age 22, then Social Security should be able to adopt her SSI medical determination to entitle her to DAC benefits. So, the only explanation I can think of for your wife getting the higher child in care rate is if your daughter is already technically entitled as a DAC. If that's the case then she may not yet have started receiving DAC benefits yet because Social Security is working on the SSI offset computation.

SSI is a needs based payment that supplements a person's other income, and It sounds like your daughter's DAC rate will be too high for her to continue receiving SSI. What Social Security will need to do is reimburse SSI for any SSI payments she's received that should have been paid as DAC benefits instead. That's what I mean by SSI offset.

If Social Security has told you that your wife's rate will go down to $1033 when your daughter starts getting DAC benefits, then your family maximum benefit (FMB) must allow $2066 to be paid on your account in addition to your own benefit. Your daughter and wife would then split that amount assuming your wife qualifies for child in care benefits. Based on what you were told It sounds to me like your wife is really only due the $1033 monthly, so if Social Security is paying her more than that they'll either have to withhold the overage from your daughter's back pay or ask your wife to return the difference.

Best, Jerry

Category: 
Posted: 
Aug 3 2020 - 3:41pm
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