Ask Larry

What Is The Best Path Forward?

I have been receiving SSD since 2006 & will be 65 this August. I have recovered enough to become gainfully employed so need to notify SSA I no longer need to receive benefits. My FRA is 66. My former spouse of 20 years has earned considerably more than myself. Next year, I would like to suspend my own SS benefits and file on his until I'm 70. A number of things I have read on this website concern me: having to repay SSD if I no longer need benefits, not being able to file on former husbands earnings record and suspending my benefits til 70. I'm also confused about when I need to enroll in medicare which I have now with disability but will not when SSD is discontinued. I do not know the best path forward given all these circumstances. Any guidance you can give is most appreciated. Thank you!

Hi,

The answers to your questions depend on whether or not your disability entitlement will terminate prior to age 66. That's unlikely unless you are currently working, or if you return to work and have already worked before while you were receiving benefits. Otherwise, you would be eligible for a 9 month trial work period and an extended period of eligibility that would extend your disability entitlement past your full retirement age (https://www.ssa.gov/pubs/EN-05-10095.pdf).

If you are eligible for disability benefits when you reach full retirement age (FRA), which would be age 66 in your case, your disability benefits will automatically convert to retirement benefits. And, you cannot suspend your retirement benefits and receive spousal or divorced spousal benefits instead (https://www.ssa.gov/planners/retire/suspendfaq.html). The only way that you could file a restricted application for spousal or divorced spousal benefits only at FRA and allow your own benefit rate to grow until age 70 would be if your disability entitlement terminates before you reach age 66, or if you withdraw your disability claim and repay all of the benefits you have received. The latter option would almost certainly be disadvantageous. You could voluntarily suspend your retirement benefits at FRA in order to earn delayed retirement credits, but you could not receive any other type of benefits (e.g. spousal, divorced spousal) while your retirement benefits are suspended.

Assuming that you are at least age 65 when and if your disability benefits terminate, your Medicare eligibility will continue based on age. You shouldn't need to re-enroll, but you would need to pay your own Medicare premiums if you are no longer receiving monthly benefits.

Best, Jerry

Posted: 
Jun 2 2017 - 7:07am
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