Can I claim ex-spouse's SSDI at 62 then switch to my own benefits at 70?
I just found out my ex might be receiving SSDI and I'm trying to understand my options. We were married for 14 years before divorcing in 2011. He's been on disability for the past few years (not sure exactly when it started). I'm currently 56 and considering taking early retirement at 62. Would I be eligible to collect half of his disability benefit at that point? And if I do that, can I then switch to my own benefits when I reach 70 to get the maximum on my own record? My financial advisor mentioned something about this strategy but I'm confused about whether it works with disability benefits or just regular Social Security. Also, does he need to know if I apply for benefits on his record?
20 comments
Dmitry Smirnov
Yes, you can potentially do this! This is called a restricted application strategy. Since you were married over 10 years, you can claim ex-spouse benefits as early as 62 (though reduced for claiming early). Then at 70, you can switch to your own retirement benefit which will have grown with delayed retirement credits. I did something similar with my ex-husband's record. The only thing to verify is whether you're eligible for the ex-spouse benefit based on his SSDI - which you should be since SSDI converts to retirement benefits at his full retirement age anyway. And no, your ex doesn't have to know - SSA doesn't notify him when you claim on his record.
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GalacticGuardian
•That's a relief he won't be notified! But I'm still confused - will I get half of what he gets on disability or will it be reduced because I'm taking it early at 62?
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Ava Rodriguez
Actually, the information above isn't quite right for your situation. The "restricted application" strategy is only available to people born on or before January 1, 1954. If you're 56 now, you were born after that cutoff date. When you file for ANY Social Security benefit now, you're deemed to be filing for ALL benefits you're eligible for, and you'll get whichever is higher. This is called "deemed filing." You can't choose to take ex-spouse benefits first and then switch to your own later.
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Dmitry Smirnov
•Oh my goodness, you're right! I apologize for the misinformation. I was thinking of the old rules before the 2015 law change. Thank you for correcting me - this is why it's so important to verify information with SSA directly.
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Miguel Diaz
my aunt tried to do this exact thing and it didnt work the way she thought. she could only get the higher benefit amount when she applied, not pick and choose. sucks that they changed the rules!
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GalacticGuardian
•Really? That's disappointing! So there's no way to use this strategy anymore?
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Zainab Ahmed
I spent HOURS on hold with Social Security trying to sort out a similar situation last year. When I finally got through, they confirmed what others are saying - the restricted application option isn't available to those born after 1954. Your only option is to compare: 1) reduced ex-spouse benefit at 62 vs. 2) reduced own benefit at 62 vs. 3) waiting for full retirement age or later for either benefit. You'll get the highest amount, but can't switch between them anymore. BTW - after wasting an entire day on hold, I discovered Claimyr (claimyr.com). They got me through to an actual SSA agent in under 20 minutes for my next question. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Complete game-changer when dealing with Social Security phone lines.
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Connor Gallagher
•does that service actually work? i've tried calling SS like 10 times and always give up after being on hold forever
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Zainab Ahmed
Yes, it absolutely worked for me. Instead of waiting 3+ hours on hold (which I did multiple times before), I got through in about 17 minutes. It's the only way I'll call them now when I need to sort out benefit questions.
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GalacticGuardian
•Thanks for this info. I might need to try that service because I've been avoiding calling SS for exactly this reason. But back to my question - if I can't do the restricted application anymore, what's my best option? Wait until my full retirement age (67) to claim on my own record? Or is there still some advantage to claiming on my ex's record if his benefit is higher?
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AstroAlpha
IF YOUR EX HAS A HIGHER EARNING RECORD THAN YOU, you might still benefit from claiming on his record! The amount you'd get as an ex-spouse is 50% of his Primary Insurance Amount (but reduced if you claim before YOUR full retirement age). The real question is whether half of HIS benefit is more than 100% of YOUR benefit. This is why the SSA system is SO FRUSTRATING - you almost need a crystal ball to make the right decision!!!
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GalacticGuardian
•He always made significantly more than me, so I think 50% of his might actually be higher than my full benefit. But I'm not sure how to find out what his primary insurance amount is since we're not in contact.
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Ava Rodriguez
You don't need to contact your ex to find out this information. When you contact the Social Security Administration, they can tell you what your benefit options are based on both your record and your ex-spouse's record. They have access to both earnings histories. Here's what you should do: 1. Create a my Social Security account at ssa.gov to see your own estimated benefits 2. Contact SSA directly and specifically ask about your potential ex-spouse benefits 3. Compare those numbers with different claiming ages (62 vs. FRA vs. 70) With this information, you can calculate your optimal claiming strategy. Generally, if you can afford to wait until 70 to claim on your own record (assuming it's higher than the ex-spouse benefit), that's mathematically optimal for lifetime benefits.
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Miguel Diaz
•ssa website is so confusing tho, i tried to look up my benefits and got lost in all the pages
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Dmitry Smirnov
I've helped my sister navigate this exact situation! One crucial thing to remember: if you claim ANY benefit early (whether your own or ex-spouse), it will be permanently reduced. At 62, you'd get approximately 70% of what you'd receive at your full retirement age of 67. Also, while everyone's focusing on the restricted application issue, there's another important consideration: if you work while collecting early benefits (before your FRA), you'll be subject to the earnings test. In 2025, you can only earn about $22,750 before they start withholding $1 for every $2 you earn above that limit. Are you planning to keep working after 62?
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GalacticGuardian
•Yes, I was planning to work part-time until about 65 or 66. I didn't know about the earnings limit - that's really important! Based on everyone's advice, it sounds like I should: 1) Check what my own benefit would be at different ages, 2) Ask SSA what 50% of my ex's benefit would be, 3) Factor in the earnings limit since I'll be working, and 4) Decide whether to claim at 62, FRA, or 70 based on whichever benefit is higher at each age. Does that sound right?
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Yara Khoury
I went thru divorce after 22 yr marriage. My ex gets SSDI too. When I turned 62 I got half his disability but it was reduced cause I took it early. They didn't even ask me which one I wanted they just automatically gave me the higher amount witch was my exs half. Social security is confusing!!!
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AstroAlpha
•THIS IS THE CORRECT ANSWER! When you apply, SSA automatically gives you the highest benefit you're eligible for. They CALCULATE both options and PAY YOU the higher amount. It's not about picking one or the other anymore.
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Ava Rodriguez
The original poster has outlined the correct approach in their last comment. To summarize this thread with accurate information: 1. Due to the deemed filing rules for those born after 1954, you can't file a restricted application to claim ex-spouse benefits first, then switch to your own later. 2. When you apply for benefits, SSA will calculate both your own retirement benefit and your ex-spouse benefit (50% of their PIA), and pay you the higher of the two amounts. 3. If you claim any benefits before your full retirement age (67), they will be permanently reduced. 4. Working while collecting benefits before FRA will subject you to the earnings test, which may temporarily reduce your benefits. 5. The mathematically optimal strategy (if you can afford it) is usually to wait until 70 to claim the higher of the two benefits, especially if you expect to live beyond approximately age 82.
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GalacticGuardian
•Thank you all so much for the helpful information! This clears up my confusion. I'll create my SSA account, check my own benefit projections, then call them to ask specifically about what I could get from my ex's record. Based on those numbers and considering how long I plan to work, I'll make a decision about when to apply. Really appreciate everyone's help!
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