Ask Larry

Is There Any Way I Can Now Collect From My Husband's Benefits?

I am 68, my husband of 45 years is 73. I started collecting SS at 63. I applied to collect from my husband's SS because his is a lot higher than mine. My esfimated benefit was $900. What I actually receive is $370. After the fact I was told I should have waited until I was 67 to collect from my husband's SS benefits. Is there a way I can now collect from my husband's benefits?

Hi. You could only qualify for spousal benefits if 50% of your husband's primary insurance amount (PIA) is higher than your own 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). You can apply for spousal benefits now if you're eligible for them and if you aren't already drawing spousal benefits.

However, I'm confused by your description of events. You indicate earlier in your question that you already applied for spousal benefits at age 63. If you started collecting benefits at age 63, then you must have filed at least for your own benefits. No one without an eligible child in their care is allowed to file just for spousal benefits at age 63 without filing for their own benefits at the same time. So, assuming that your husband was collecting his benefits when you applied, you must be collecting essentially the higher of your own benefit rate or your spousal rate. Your benefit rate would be reduced for age since you filed early, but that would only reduce your benefit amount by roughly 20% to 25% depending on which type of benefit you're receiving. That certainly wouldn't cause your rate to be reduced from $900 to $370, so I'm confused by that part of your question as well.

The only way that you could be collecting spousal benefits and not your own benefits is if you don't have enough work credits to qualify for Social Security benefits based on your own earnings history. Assuming that's not the case and that you're either drawing your own benefits or a combination of your own benefit and a partial spousal benefit, then it would be too late now to change your mind and file for unreduced benefits. You're only allowed to withdraw an application for Social Security retirement benefits if you do so within 12 months of when you started drawing benefits.

If you are drawing spousal benefits only, though, then it would be possible to withdraw the application you filed back when you were age 63. But, then you'd have to repay all of the spousal benefits you've been paid so far, and you'd need to reapply for spousal benefits in order to start drawing them again. There is a 6 month limit on retroactivity of an application, so if you withdraw your previous claim you couldn't start drawing spousal benefits any sooner than effective with 6 months prior to the month you file your new application.

Since I don't have enough information to be able to give you a clear answer, I would suggest that you contact Social Security and discuss your options with them. They have access to all of your records, so they should be able to explain to you exactly what type of benefit(s) you're receiving, and what other options you may have.

Best, Jerry

Category: 
Posted: 
Mar 19 2021 - 10:16am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.