I made a big mistake and filed for ex spousal benefits one month before my FRA. I have been collecting for 1 year and 1 month. I want to file to collect under my own earnings. When I called SSA they quoted me my own earnings amount??? I asked about the deeming issue but they were clueless. Please say there is a way to fix this or I will be out $2,000 a month. Thanks Linda

Hi Linda,

All I can tell you are the facts. If you applied for divorced spousal benefits and you chose as your initial month of entitlement any month prior to the month you reached full retirement age (FRA), then you would be deemed to have also filed for your own Social Security retirement benefits effective with the same month.

You don't mention your date of birth, though, so I don't know whether or not you could have filed just for divorced spousal benefits in the first place. Only people born prior to January 2 1954 are allowed to file for divorced spousal benefits while their ex-spouse is living without also being required to file for their own benefits at the same time (https://www.ssa.gov/benefits/retirement/planner/claiming.html), and even they can only do so if they choose to start drawing the spousal benefits at FRA or later.

If you were born prior to January 2 1954 and if you mistakenly chose to claim divorced spousal benefits prior to the month you reached FRA, the only way you could undo that and not be deemed to have filed for your own benefits is if you can withdraw your application. However, you generally are only allowed to withdraw an application if you do so within 12 months of your initial month of entitlement. That deadline can sometimes be extended for good cause, though (https://www.ssa.gov/benefits/retirement/planner/withdrawal.html). But, even if you did withdraw your claim you'd need to file a new application in order to become re-entitled to divorced spousal benefits, and you couldn't claim those benefits any farther back than 6 months prior to the month in which your new application is filed.

I don't have enough information to be able to advise you on your best course of action, so it sounds like you should discuss your situation with a Social Security employee. I would suggest asking to speak with a Social Security technical expert if at all possible.

Best, Jerry