Ask Larry

How Does The Spousal Excess Work?

I am 61 and currently receiving ssdi and KRS disability pension. While talking to a SS rep a couple years ago she mentioned I would be receiving a higher amount on my ssdi and then realized her error in stating that. She said it would be later down the road that I would draw from my spouse.
I’ve been trying to understand the whys and after reading some of your column it seems I may need to really be careful what I do for my future income to be at its highest.
Could you please explain how the spousal excess works and how I determine what my best approach is. Will I be okay to talk to SS rep or should I get an attorney to figure out my best route to go.

Hi. My answer assumes that your spouse is living. Unless you have a child in your care who's eligible for benefits, the earliest that you could be eligible for an excess spousal benefit (i.e. in addition to your own Social Security retirement or disability (SSDI) benefit) is at age 62. And, your spouse must be drawing Social Security retirement or disability benefits in order for you to qualify.

If you do qualify for an excess spousal benefit, your unreduced excess spousal rate would be calculated by subtracting your primary insurance amount (PIA) from 50% of your spouse's PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI benefit rate. But, if you choose to start drawing your excess spousal benefits prior to your full retirement age (FRA), your spousal rate will be reduced for age.

I can't advise you whether or not to use an attorney, but you shouldn't need an attorney to get Social Security to pay you any benefits to which you're entitled. You and your husband may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

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Posted: 
May 1 2022 - 1:01pm
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