Ask Larry

If My Ex-Spouse Dies Would I Get A Full Disability Check Off Of His Work Record?

Dear sir, I am receiving an SSI disability check because I was 2 credits short to draw my SSDI. I am 55. I get $793 a month.My ex and I were married for 18 years when I became disabled and he divorced me. We have been divorced for 12 years and I have not remarried. If my ex who is 63 died would I then be able to get a full disability check off of his work record without waiting until I am at retirement age?

Hi. It's possible that you could get disabled survivor benefits if your ex died. You only need to be at least age 50 to potentially qualify for surviving divorced spousal benefits.

The survivor benefit rate payable to a disabled divorced spouse who is under age 60 is calculated based on 71.5% of the deceased worker's primary insurance amount (PIA). On the other hand, divorced spouses who start drawing survivor benefits at their full retirement age (FRA) or later can be paid up to 100% of the deceased worker's PIA. So, if your ex-husband died now you couldn't be paid as much as you'd be paid if you were at least FRA.

As long as your ex is living, the earliest that you could qualify for divorced spousal benefits is age 62. Unreduced divorced spousal benefits on the record of a living ex-spouse are calculated at 50% of the worker's PIA, but your benefit rate would be reduced for age by roughly 35% if you start drawing at age 62. Also, when and if you become entitled to divorced spousal benefits or survivor benefits, those benefits will offset your Supplemental Security Income (SSI) benefits roughly dollar for dollar. In other words, you couldn't collect both benefits in full.

Best, Jerry

Posted: 
Mar 16 2021 - 11:58am
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