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Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.
I went through this exact same situation last year! I was so worried about answering that question wrong on my application. I receive part of my ex-husband's teacher retirement pension through our divorce settlement, and I was terrified it would mess up my own Social Security benefits. After reading through all the paperwork carefully and talking to a SSA representative, I confirmed that since it was HIS employment where he didn't pay into Social Security (not mine), it doesn't affect my benefits at all. I answered "No" to that question and had zero issues. The key thing to remember is they're asking about YOUR work history, not pensions you receive from someone else's work. Good luck with your application!
That's so reassuring to hear from someone who went through the exact same thing! I was really stressed about potentially messing up my application, but it sounds like as long as I'm clear that this pension is from my ex-husband's work and not mine, I should be fine. Did you need to provide any specific documentation when you applied, or was it pretty straightforward once you answered "No" to that question?
I want to add something important that hasn't been mentioned yet - make sure you understand how Medicare eligibility works in your situation. Since you've been on SSDI for 15 years, you've likely been eligible for Medicare since your 27th month of disability. When you reach 65, you'll automatically be enrolled in Medicare Part A and B (unless you opted out of Part B). If you do end up getting any additional Social Security benefits through divorced spouse benefits, it won't affect your Medicare eligibility, but it's worth understanding how your Medicare premiums are calculated. Also, if your LTD policy has been paying you for 15 years, check if there are any policy provisions about when those benefits might change or end. Some policies have maximum benefit periods or change at certain ages (like 65). This could actually make any potential Social Security increase more meaningful if your LTD payments are set to reduce or end. It's a lot of moving pieces, but getting a clear picture of all your benefits and how they interact will help you make the best decisions as you approach retirement age.
This is such an important point about Medicare and LTD policy terms! I've been on Medicare since my second year of disability and honestly hadn't thought about how that might interact with any benefit changes. You're absolutely right that I should review my LTD policy - I've been receiving those payments for so long that I haven't looked at the original terms in years. Some policies do have age-based changes or maximum payment periods that I should be aware of. If my LTD benefits are set to reduce when I turn 65, that could definitely change the math on whether pursuing divorced spouse benefits would be worthwhile. Thanks for bringing up these angles that I completely overlooked!
I've been through a similar situation with divorced spouse benefits while on SSDI. One thing that helped me was creating a spreadsheet to track all the different benefit amounts and how they interact - your current SSDI, estimated spousal benefit, LTD payments, and any offsets. It's also worth noting that if you do apply for divorced spouse benefits, SSA will automatically calculate which option gives you the higher payment each month. You don't have to choose between them - they'll pay you whichever amount is greater. Since you mentioned your ex plans to retire at 65, I'd suggest calling SSA about 6 months before his 65th birthday to start the process. Even though the math suggests you won't get additional money, having the application on file protects you if his actual benefit ends up being higher than expected, or if your LTD situation changes. The worst that happens is SSA confirms you're already getting the higher benefit amount. Also, keep copies of all your communications with both SSA and your LTD insurer about any benefit applications - it can save you headaches later if there are questions about timing or eligibility.
Thank you all for the helpful information! I'll definitely bring my W-2 when I apply and make sure to mention that my 2024 earnings might not be showing up yet. I'll also keep track of everything and follow up in a few months if I don't see an adjustment. This is all really useful advice!
One more tip - you can also check your earnings record online at ssa.gov by creating a my Social Security account if you don't already have one. This way you can monitor when your 2024 earnings actually show up in the system. I check mine every few months and it's been really helpful to see when new earnings get posted. Plus having that account set up ahead of time can make the application process smoother since you'll already have access to all your earnings history and benefit estimates.
That's great advice about the my Social Security account! I actually just created one last month and it's been really helpful to see my earnings history. Quick question - do you know roughly how often they update the earnings records? Like if my employer submits the W-2 in January, would I expect to see it by February or March, or does it typically take longer than that?
Just FYI - make sure he brings TWO forms of ID when he goes to apply after he gets out. My relative forgot his second ID and they made him come back which was a whole other ordeal with transportation and taking more time off work.
One thing that might help prepare for his eventual application is to start gathering the necessary documents now while you have time to track them down. You'll need certified copies of his wife's death certificate, their marriage certificate, and his birth certificate at minimum. Getting these documents can take weeks or months depending on which states/counties they were issued in, and it's much easier to do this legwork now rather than scrambling after his release when he's dealing with other reentry challenges. Some states have online ordering systems for vital records, while others require mail-in applications. Also consider getting multiple certified copies since Social Security often wants to keep the originals for their files.
This is excellent advice! I hadn't thought about how long it might take to get all those documents. Starting now makes total sense since he has 2 years left. Do you know if there are any other documents I should be collecting while I have time? Also, when you mention getting multiple certified copies - how many would you recommend? I want to make sure I have enough but don't want to waste money ordering more than necessary.
For additional documents, you might also want to get copies of her Social Security earnings record (Form SSA-7050-F4) if possible, though that might be trickier to obtain as a third party. As for certified copies, I'd recommend getting 3-4 copies of each vital document. Social Security typically keeps one, but sometimes you need extras if there are any issues with the application or if other agencies need copies during his reentry process. It's usually cheaper to order multiple copies at once rather than going back for more later. Some states charge per copy while others have a flat fee regardless of quantity, so check the pricing structure before ordering.
GalaxyGuardian
Just wanted to chime in as someone who went through this exact same situation two years ago! My husband filed at 62 while I was still working full-time making about $75K. Everyone here is absolutely right - your income will NOT reduce his actual Social Security benefit amount. That's only affected by HIS earnings if he goes over the annual limit. However, I'll share what we learned the hard way about the tax situation. With your $87K income plus his benefits and part-time work, you'll likely owe taxes on 85% of his Social Security benefits. We ended up owing about $2,400 extra at tax time our first year because we didn't plan for it properly. My advice: contact a tax professional NOW to run projections based on your expected 2025 income. We ended up increasing my payroll withholding by about $200/month to cover the extra tax liability, which worked out perfectly. That way we still got his full $1,450 monthly for our debt payoff plan without any nasty surprises come April. Also, make sure your husband keeps really good records of his part-time earnings throughout the year. The SSA is very strict about that earnings test, and going even a little over can trigger benefit withholding. Good luck with paying down that mortgage faster!
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Javier Mendoza
•This is exactly the kind of real-world experience I was hoping to hear about! Thank you for sharing the specifics about owing $2,400 extra - that gives me a concrete number to work with when planning. I think increasing my withholding at work is definitely the way to go rather than having it taken from his SS benefits. That way we can stick to our mortgage payoff timeline with the full monthly amount. I'll definitely contact our tax preparer this week to run those projections. It's so reassuring to hear from someone who actually went through this same situation successfully!
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Hiroshi Nakamura
I'm so glad you asked this question because I was literally having the same worry! My husband is planning to file at 62 next year while I'm still working, and I've been stressed about whether my income would mess up his benefits. Reading through everyone's responses here has been incredibly helpful - it's such a relief to know that only HIS earnings count for the earnings test, not mine. The tax situation is definitely something I hadn't fully considered though. With everyone mentioning that up to 85% of his benefits could be taxable with our combined income, I think I need to start planning for that now. The idea of increasing withholding from my paycheck instead of his SS benefits makes a lot of sense - that way we can still count on his full benefit amount for our budget. Thank you to everyone who shared their real experiences with this! It's so much more helpful than trying to figure it out from the SSA website alone. I feel much more confident about our retirement planning now.
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Zara Khan
•I'm in almost the exact same boat! My husband turns 62 in June and we've been going back and forth on this decision for months. Like you, I was really worried about how my income might affect his benefits. This whole thread has been such a lifesaver - I had no idea about the difference between the earnings test and benefit taxation. I'm definitely going to follow the advice about getting tax projections done early. It's so nice to know there are others dealing with the same situation and that it's actually much more manageable than I thought!
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