Hi Larry,

My daughter was recently approved to receive SS on my earnings. She is 36 and disabled. The issue now is that my wife's spousal benifit was lowered. I thought, under my Max family benefit, and because my wife is taking care of our daughter, she was supposed to receive same amount as my daughter. My daughter's SS is $1046 and my wife's is $799. Can you please tell me what provisions of the SS code provides for my wife to receive same amount as my daughter even though she hasn't reached her full retirement age? She is 64. All of us receive SS under my record. I am receiving correct amount and my daughter is also but my wife is not. Please help. Thank you.

Hi. Your wife's spousal benefits would be unreduced for age assuming that she qualifies as having a child in her care (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202020). However, your wife might not be eligible for the same monthly rate as your daughter if your wife has filed for her own Social Security retirement benefits in addition to spousal benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615010). The reason for that is complicated, but it has to do with the way that the family maximum benefit (FMB) is distributed when an auxiliary is entitled to more than one type of Social Security benefit simultaneously (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615768).

In order to qualify for child in care (CIC) spousal benefits, a spouse must be caring for a child who is either under age 16 or is disabled. But, if the child is disabled and over age 16, a spouse can only qualify for CIC benefits if a) the child is mentally impaired, or b) the spouse performs personal services for the child (https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310015).

Establishing that a spouse qualifies for CIC spousal benefits as opposed to reduced spousal benefits based on age is not automatic. If your wife hasn't already done so, she may need to contact Social Security and submit any documentation that they may require in order to prove that she meets the requirements for CIC spousal benefits. Your wife may also want to consider filing a request for appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf) questioning the accuracy of her monthly benefit rate.

Best, Jerry