Hi Jerry:
Thank you so much for answering my just recent question on WEP/GPO question (May 12 2020 - 2:51 pm for reference). I have only 9 U.S. credits and am collecting $460 Cnd. CPP. Will the Social Security Administration still make me apply for the benefits on my ex-spouse’s U.S. record through a Totalization application. Is this a mandatory procedure even though there is no question that benefits on my ex-spouse’s record will be higher? If so, does it take much longer?

Thank you for your kind assistance!

Hi,

Assuming that you were born after January 1 1954, whenever you file for divorced spousal benefits you'll be deemed to also be applying for your own Social Security retirement benefits. Deeming applies to totalization benefits as well, so if you have at least 6 U.S. Social Security quarters of coverage (QC) and sufficient credits in Canada, then you should be required to file for totalization benefits when you file for divorced spousal benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204035). And, yes, it generally takes Social Security significantly longer to process a totalization claim than a regular claim.

On the other hand, if you were born prior to January 2 1954 you could file a restricted application for just divorced spousal benefits at your full retirement age (FRA) without being deemed to file for your own benefits. That would allow you to avoid filing for totalization benefits.

Frankly, though, totalization claims are very uncommon, so I think it's quite possible that the Social Security representative who handles your claim for divorced spousal benefits may not recognize that you qualify for a totalization benefit. So, if you don't call it to their attention, they may just sign you up for divorced spousal benefits only. And, as long as your divorced spousal rate is higher than your totalization benefit rate and if you file effective with your FRA, you won't be losing any benefits if your claim is handled that way.

Best, Jerry