Ask Larry

Would The Fact That I Stopped Working Two Years Prior To Being Diagnosed With Cancer Preclude Me From Filing For Disability Benefits?

Hi Larry,

Due to a recent serious health issue, my husband and I are now considering for me to apply as soon as I turn 62 in October of this year and continue to wait until he turns 70 to apply for his as we have always planned because he is the higher earner. My birthdate is 10/2/1960 and his is 12/9/1953. My questions are as follows:

1) I stopped working in June 2020, but recently received a serious cancer diagnosis which requires radiation and chemo treatments. Acoording to my social security statement dated 6/14/2022, my disability benefits would be $2,888 a month. The fact that I stopped working and was diagnosed with cancer in June 2022, would my stopped working in June 2020 preclude me from applying for the disability benefit in 2022?

2) If I don't qualify for the disability benfit because I stopped working in 6/2020 and file for my early social security as soon as I turn 62, would my husband be able to apply for spousal benefit only because he was born prior to 1/2/1954 and hasn't yet applied for his own benefit? Our goal is for him to draw on the spousal benefit while allowing his own social security to grow until age 70. My estimated benefit at full retirement age of 67 is estimated to be $2,926, does this mean he would get 50% of $2,926, giving him $1,463 per month?

3) Assuming he receives spousal benefits when I apply at 62, in the worst scenerio that I do not make it through my treatments before he turns 70, can he switch to widow benefit at that time and then apply for his own benefit when he finally turns 70 in 12/9/2023?

I sincerly appreciate your assistance with my questions as we prepare to decide on our best options to maximize our social security beneifts before I become too weak to deal with this very complicated process!

Best regards

Hi. I'm sorry to hear about your illness. No, stopping work two years prior to your cancer diagnosis wouldn't bar you from qualifying for Social Security disability (SSDI) benefits. As long as you have the equivalent of at least 5 full years of Social Security credits within the 10 year period leading up to when you became disabled, then you should be insured for SSDI (https://www.ssa.gov/OP_Home/handbook/handbook.02/handbook-0207.html).

Yes, since your husband was born prior to January 2 1954 and since he's now over full retirement age (FRA), he could file a restricted application for spousal benefits while letting his own benefit rate grow until age 70. However, you would need to be collecting either your Social Security retirement or SSDI benefits in order for your husband to be eligible for spousal benefits. And, yes, his spousal rate would amount to 50% of your primary insurance amount (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), or their full SSDI rate.

Yes, if your husband is collecting spousal benefits and if you die, his spousal benefits would automatically convert to survivor benefits. He could then apply for his own benefits at age 70. You and your husband may want to consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

Posted: 
Jun 14 2022 - 10:13pm
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