My husband is 74. Both our children are adopted and have autism/FASD. Both collected disabled adult child SS for several years. Our daughter no longer qualifies (tho we may appeal this). Can I receive spousal benefits (I am 17 years younger and work). Our son is getting ready to move into a group home. He is permanently disabled. I would like to know if I qualify, perhaps for retroactive payments, and also if our son moving into a group home affects my potential ability to receive spousal benefits. Thank you.

Hi. In order for you to qualify for spousal benefits prior to age 62 you must have a child in your care. A disabled child who's not living with you can be considered as being in your care depending on the circumstances involved. If your son is in a group home then for him to be considered as being in your care you would need to be supervising his activities, participating in the important decisions about his physical and mental needs, and controlling his upbringing and development. There must be an actual exercise of parental control and responsibility, such as influencing the training and development of the child in material respects (https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310035 ).

With regard to retroactive payments, you can't claim spousal benefits retroactively for more than 6 months from the month in which you file your application for those benefits. Even if you do qualify as having a child in your care, though, if you're working then until you reach your full retirement age (FRA) your benefits could be subject to full or partial withholding due to the Social Security earnings test (https://www.ssa.gov/benefits/retirement/planner/whileworking.html). In 2022, Social Security would need to withhold $1 of your benefits for each $2 that you earn in excess of $19,560.

Furthermore, there is maximum family benefit (FMB) limit that can be paid on a person's Social Security record. The FMB would likely result in your child(ren)'s benefit rate being reduced if you qualify for spousal benefits. So, whether or not it would be advantageous for you to claim spousal benefits assuming that you qualify depends on how much you're earning, how much the FMB is on your husband's record, and whether or not you successfully appeal your daughter's eligibility. It sounds like you should probably call Social Security and discuss your options with them. They would know the FMB on your husband's account, and they should be able to tell you how your entitlement to spousal benefits would affect the monthly amount that your children could be paid.

Best, Jerry