Will I Lose My Disability Benefits If I File On My Husband's Record?

Category: 
Feb 20 2019 - 4:20pm

My husband and I have been separated for 7 years and I have been receiving disability since 2005. I now was informed he was filing for disability. Will I lose mine or will I need to reapplying

Hi,

When you say that you've been receiving disability since 2005, I assume you're referring to Social Security disability (SSDI) benefits. Even if your husband qualifies for SSDI you couldn't qualify for spousal benefits on his record until you are at least age 62. You can't be paid spousal benefits prior to age 62 even if you're disabled, unless you have a child (under age 16 or disabled) in your care who is eligible for child's benefits on your husband's record. And, if you're receiving SSDI you could only be eligible for additional spousal benefits if your husband's SSDI rate is more than twice as much as your own SSDI rate.

If you are at least age 62 and your husband's SSDI rate is more than twice as much as your own, then you wouldn't lose your SSDI if you filed for spousal benefits. Any spousal benefits for which you qualify would be paid in addition to your SSDI benefits, potentially increasing your combined benefit amount to as much as 50% of your husband's SSDI rate. However, if you file for spousal benefits prior to your full retirement age your spousal rate would be reduced for age.

Best, Jerry