Ask Larry

Is There Any Way To Avoid My Son's Benefit Being Cut When My Wife Applies For Spousal Benefits?

Larry, I am 76 getting 2891 soc sec monthly benefits. I have a disable son before age 22 who gets half of mine and lives with my EX. I am married more than a year and wife does not qualify on her own record. She will apply on my record, she is 66.
My EX who is the mother of my disable son is collecting ss benefits on her record.
I computed my family max at 5050, which at first calculation leaves 2160 to be now divided between my wife and disable son.
This means the my sons adult disable benefits will be cut.
Can anything help avoid that? How about the combined max? My EX was getting around 1100 on her own.
Thanks

Hi. Your and your ex's family maximum benefit (FMB) rates can be combined provided that your son is entitled as a child or disabled adult child (DAC) on both of your accounts. Your son can actually only be paid benefits on the higher of the two accounts, but as long as he's also technically entitled on the lower account then the FMBs can be combined.

Unless your son has already established technical entitlement on his mother's account, either he or his representative payee would need to file an application in order to establish technical entitlement so that the FMBs can be combined.

Best, Jerry

Posted: 
Mar 23 2022 - 5:00pm
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