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Social Security spousal benefits with WEP/GPO repeal - can ex-husband draw early on my SSDI?
My situation is complicated and I'm hoping someone can clarify. I'm receiving SSDI since 2019 (started when I was 55). My ex-husband is now 64 (I'm 60) and we were married for over 30 years, divorced for 5 years now. Our FRA is 67. He worked for a city government that didn't pay into Social Security, BUT he also served 29 years in the military reserves where he did pay into SS. He has a city pension which would have made him subject to WEP/GPO, but those were just repealed. He hasn't started drawing any benefits yet. My questions: 1. Can my ex-husband claim ex-spousal benefits on my SSDI record now, even though he's under FRA? 2. Would he face early retirement penalties if he claims at 64? 3. Should he just wait until his FRA at 67 to avoid penalties? 4. His own SS benefit at FRA will likely be much lower than mine due to limited payments into the system. 5. I believe he can get up to 50% of my monthly SSDI amount - is that correct? Thank you for any guidance on this confusing situation!
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Can a younger spouse get Social Security survivor benefits from SSDI recipient? Urgent marriage questions
My sister (49) and her boyfriend (63) want to get married, but there are some complicated Social Security questions involved. Her boyfriend has been on SSDI since about 2007 after a serious workplace injury and gets around $3,250 monthly. Unfortunately, he was recently diagnosed with stage 4 cancer and has maybe 1-2 years left. They want to marry but are concerned about what benefits she might qualify for after he passes. My sister has a limited work history because she was a stay-at-home mom for 15+ years. To complicate things further, she was seriously injured in a car accident six weeks ago and might end up filing for disability herself. What we need to know: - How long do they need to be married for her to qualify for survivor benefits? - Can she receive survivor benefits from his SSDI, or would he need to switch to retirement benefits first? - If she ends up on disability herself, can she still get survivor benefits? - At what age could she start collecting survivor benefits? - Would his benefit amount be reduced due to his limited work history (only worked until age 47)? They're trying to make some major life decisions quickly, and I promised I'd help gather information. Thank you for any advice!
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I had a similar situation with my late husband. One thing that hasn't been mentioned yet - if your sister does qualify for survivor benefits but is still under her full retirement age when she starts collecting, the benefit amount will be reduced. At age 60 (the earliest a non-disabled widow can claim), she would get about 71.5% of his full benefit amount. Each month she waits after that increases the percentage slightly until she reaches her full retirement age (probably around 67 for her age), when she would get 100% of his benefit. If she qualifies as a disabled widow and starts benefits at age 50, the reduction is even more significant - about 71.5% of his benefit. But sometimes getting some money earlier is better than waiting for the full amount. Also, while the 9-month marriage rule is generally firm, there are very specific exceptions. One exception is if the death was accidental. This probably won't apply in a terminal illness situation, but worth knowing.
Thank you for explaining the reduction percentages. That's really helpful to know. I'm wondering - if she starts receiving reduced survivor benefits early (either as a disabled widow or at 60), does that reduction remain permanent, or would it increase to 100% when she reaches her full retirement age?
To answer your follow-up question: Yes, if she claims survivor benefits early (either at 50 as a disabled widow or at 60 as a non-disabled widow), the reduction is permanent. Unlike retirement benefits, survivor benefits do not automatically increase to 100% when she reaches her full retirement age. Regarding the benefit amount - she would receive a percentage of what he's getting now, based on when she claims. At her full retirement age, that would be 100% of his current SSDI benefit. If she claims earlier, it would be a reduced percentage. One other option they might consider - if they get married and he lives at least 9 months, but she doesn't qualify for disabled widow benefits, she could apply for spousal benefits at age 62 (reduced) while he's still alive. Then after he passes, she could switch to survivor benefits, which are generally higher than spousal benefits.
I see - so the reduction is permanent. That's important to know for their planning. The option about spousal benefits while he's alive is interesting too. I'll definitely mention that to them. They're trying to balance getting married quickly (for the 9-month requirement) with making sure they understand all these complicated rules. Thanks again for all your help!
Social Security: Filing early vs FRA - which gives better financial advantage for low savings?
I'm really struggling with when to start my Social Security benefits. My savings are pretty minimal right now and I'm trying to figure out the best strategy.Option 1: Start collecting SS one year early this coming January. I'd keep working until I hit the earnings limit. With the spousal benefit top-up, I'd bring in about $15,000 extra that I could put into savings or investments.Option 2: Wait until my Full Retirement Age and get approximately $200 more per month for life. By my calculations, it would take roughly 6+ years of that extra $200/month to equal the $15,000 I could bank with Option 1.I'm honestly torn because I could really use that lump sum to build up my emergency fund, but I also know the long-term benefit of waiting. Anyone been in a similar situation or have thoughts on which makes more financial sense?
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Social Security childhood disability records - can teen qualify for adult SSDI without work credits?
I'm trying to navigate the confusing world of Social Security disability for my 17-year-old daughter. Her conditions (Ehlers-Danlos with severe wrist/hand hypermobility, POTS that causes fainting episodes, and debilitating OCD/anxiety) have made school incredibly difficult - she's been on an IEP since 6th grade. We're financially stable now and can support her, but I'm worried about her future. My main question: Can we apply for SSI now even though our household income is too high, just to establish an official record that her disability began before age 22? I've heard this might help her qualify for SSDI as an adult without needing work credits. She likely won't be able to work enough to earn those credits on her own. Does anyone know if this approach works? We have zero experience with the SS disability system - no one else in our family has needed these benefits before. Any tips on documenting childhood disability for future adult benefits would be so helpful!
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btw have u looked into an ABLE account? its a special savings account for disabled people that doesnt count against asset limits for benefits. we set one up for my son and can put money in it for him without affecting his ssi eligibility. might be good for your situation if your financially stable and want to save for her
I've vaguely heard of ABLE accounts but haven't looked into them. That sounds like exactly what we need! We want to save for her future without messing up any benefit eligibility. I'll definitely research this more - thank you!
To summarize the options for your daughter based on what others have shared: 1. Focus on thorough documentation now rather than applying while your income disqualifies her 2. Consider applying for SSI when she turns 18 (though household support may still affect eligibility) 3. Look into setting up an ABLE account to save money for her future without affecting benefits 4. Understand that for future Childhood Disability Benefits (adult SSDI without work credits), she'll need to prove: - Disability began before age 22 - She remains unmarried - A parent is deceased, retired, or disabled and receiving Social Security The most important thing you can do now is maintain excellent records of all medical appointments, treatments, school accommodations, and how her conditions affect daily functioning. This documentation will be the basis for any future claims.
This is an incredibly helpful summary - thank you so much! I feel like I have a much clearer roadmap now. We'll focus on documentation and look into the ABLE account right away, then consider SSI when she turns 18 next year. The adult SSDI/CDB requirements make much more sense to me now too.
Will SSA recalculate my reduced Social Security benefits if ex-spouse dies and my WEP-affected teacher pension increases?
I've been working as a teacher in Texas for 23 years (non-SS pension state) but also have enough SS credits from previous work. I'm planning to retire and take my SS at full retirement age next year. I know my SS will be reduced by WEP because of my teacher pension. My divorce settlement from 2015 included a QDRO that gives me 38% of my ex's teacher pension, but if he passes away, that increases to 52% according to our agreement. Here's what I'm confused about: If I'm already collecting Social Security reduced by WEP, and then my ex passes away causing my pension income to increase due to the QDRO terms, will the SSA automatically recalculate my WEP reduction based on my new higher pension income? Or is the WEP calculation locked in once I start receiving benefits? I've tried calling SSA twice but couldn't get through to anyone who could answer this specific situation.
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wait im confused... if your spouse dies dont you get survivr benefits from social security??? my aunt got her husbands ss after he passed away and it was more than hers
It depends. The original poster mentioned her ex-spouse was also a teacher in a non-SS state (Texas), so he likely doesn't have enough Social Security credits to provide survivor benefits. You can only receive survivor benefits if the deceased spouse qualified for Social Security benefits themselves. Additionally, Government Pension Offset (GPO) would reduce any potential survivor benefits by 2/3 of her teacher pension amount, potentially eliminating them entirely.
oh wow i didnt know that. so teachers in some states dont even get social security?? thats crazy
One more thing to consider: if you haven't retired yet, you might want to delay your Social Security application until after your ex passes away (if that's potentially on the horizon). That way, the WEP reduction would be calculated using your higher pension amount from the start. This could potentially be better than having your SS benefit established and then reduced later.
That's an interesting strategy I hadn't considered. My ex is actually in good health as far as I know, so planning around that wouldn't be practical. But it's good to understand all the options for how the timing might affect the calculations.
Fatima Al-Sayed
one more thing nobody mentioned - divorced spouse benefits are only available if he isn't remarried!!! if he got remarried after your divorce then completely different rules apply
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Amara Okonkwo
AuthorThat's a really good point! He hasn't remarried, so he should still qualify for ex-spouse benefits. Thanks for bringing that up!
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Giovanni Marino
A quick note on benefit amounts: the maximum divorced spousal benefit at FRA is 50% of your Primary Insurance Amount (PIA), which is what you'd receive at your FRA (not necessarily what you're currently receiving on SSDI). Since your ex would be claiming early at 64, his benefit would be reduced to approximately 35-37% of your PIA. Also, I want to emphasize again that if he has his own Social Security benefit, he'll only receive the higher of either his own benefit or the divorced spousal benefit - not both. This is why getting accurate calculations from SSA is so important before making any decisions.
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Amara Okonkwo
AuthorThank you for clarifying this. I wasn't sure if the 50% was based on my current SSDI payment or some other calculation. This helps us understand the situation much better!
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