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Can I claim spousal Social Security benefits at 62 while my SSDI reconsideration is pending?

I've been battling for SSDI benefits for nearly 5 years now and I'm currently at the reconsideration stage. It's been such a frustrating process! I'm turning 62 next September, and my husband will start collecting his Social Security retirement in October. If my disability claim is still pending, would I be eligible to collect spousal benefits from his record when I turn 62? I'm trying to figure out what income options I might have if this disability process continues to drag on. Has anyone dealt with this situation before?

Yes you can file for reduced retirement at 62 and then file for spouse benefits when your husband files. But BE CAREFUL! If you get approved for disability later, your early filing could permanently reduce your SSDI amount. The SSA doesn't always explain this clearly!!

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KingKongZilla

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Thank you! I didn't realize filing early could affect my disability amount if approved later. That's concerning. Do you know how much of a reduction I might face?

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Nathan Dell

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I want to clarify some information here to help you make an informed decision: 1. Yes, you can file for spousal benefits when you turn 62 if your husband is receiving his retirement benefits. However, they will be reduced because you're taking them before your full retirement age. 2. If your SSDI is approved later, SSA will determine your disability onset date. If this date is before you filed for early retirement, they should adjust your benefits to the higher SSDI amount without the early filing reduction. 3. The reduction for filing spousal benefits at 62 is about 30% of the full amount you'd receive at your full retirement age. I recommend calling SSA directly to discuss your specific situation before making any decisions.

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KingKongZilla

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This is really helpful information, thank you! I didn't realize there was a possibility they could adjust the amount if SSDI is approved later. I'll definitely call SSA to get specifics for my situation.

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Maya Jackson

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i had a similar situation but with my wife's record. took me 6 years to get approved for disability. i filed for spousal at 62 and it helped during the wait but yeah they reduced it. after i got ssdi approved they did some kinda complicated math and adjusted everything but i still think i lost some money somewhere in the whole mess

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KingKongZilla

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Six years?! That's even longer than my wait so far. It's so frustrating how long this process takes. Did they eventually backpay you for the full SSDI amount for those years?

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I've been in your exact shoes, and I feel your pain with this long SSDI process! Calling SSA directly is almost IMPOSSIBLE these days - I spent hours on hold multiple times and kept getting disconnected. I finally used a service called Claimyr (claimyr.com) that got me through to an actual person at SSA in under 2 hours. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU When I finally got through, the agent explained that I could file for reduced retirement at 62 and then switch to spousal benefits when my husband filed, but they also mentioned something important about "deemed filing" rules that affect how benefits interact. Definitely worth getting clear info from an actual SSA rep!

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Amaya Watson

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thanks for sharing! i hate waiting on hold forever, gonna check this out!

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Grant Vikers

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There's a lot of confusion about this topic. Let me try to clarify: 1) Yes, you can file for spousal benefits when you turn 62 IF your husband is already collecting his retirement. 2) The spousal benefit at 62 will be significantly reduced - approximately 32.5% less than if you waited until your Full Retirement Age. 3) If your SSDI is eventually approved with an onset date before you took early benefits, SSA should adjust your payment to the full SSDI amount. 4) IMPORTANT: Under current "deemed filing" rules (post-2016), when you file for any benefit, you're deemed to be filing for all benefits you're eligible for. So you can't file for just spousal and preserve your own record. Given your long SSDI fight, I'd recommend continuing that process and consulting with a disability attorney about how filing for spousal benefits might impact your case.

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KingKongZilla

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I appreciate the thorough explanation! I didn't know about the "deemed filing" rules. This is getting complicated. I think I definitely need to talk to an attorney who specializes in this.

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U should just wait for SSDI!!! My cousin got early retirement while waiting for disability and regretted it BIG TIME!!! They ended up paying her less forever even tho she was disabled the whole time!!! The system is RIGGED against us!!!

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Amaya Watson

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this is what i'm afraid of too! seems like they make these rules confusing on purpose

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Nathan Dell

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This isn't necessarily true for everyone. If SSA establishes a disability onset date before the early retirement filing, they should adjust the benefit amount accordingly. Each case is different though, which is why consulting with SSA about your specific situation is important.

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Also keep in mind that spousal benefits are only up to 50% of your husband's PIA (primary insurance amount), and that's if you wait until FRA. At 62 you'd get around 32.5-35% of his benefit. Depending on your own work history, your own retirement might actually be higher than spousal.

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KingKongZilla

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That's a good point. I worked for about 25 years before becoming disabled, so I might have decent credits on my own record. I should probably check what my own retirement benefit would be compared to the spousal benefit.

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Amaya Watson

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i just want to say hang in there with the disability process!! took me 4 years and a hearing but i finally got approved. the backpay was nice but man those years of waiting were tough

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KingKongZilla

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Thank you for the encouragement! It's been so draining. Did you do anything special at your hearing that you think helped your case?

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Nathan Dell

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One additional piece of advice: If you haven't already, consider getting representation for your SSDI case. Success rates are significantly higher with representation, especially at the hearing level (if your reconsideration is denied). Most disability attorneys work on contingency, meaning they only get paid if you win, and their fee is capped at 25% of backpay or $7,200, whichever is less.

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KingKongZilla

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I do have a disability attorney helping with my case. They've been good at handling the paperwork, but it still feels like everything moves at a snail's pace.

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Maya Jackson

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anyone else notice how the ssa website says one thing but then the people on the phone tell you something totally different?? its so confusing trying to figure out whats actually true

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Grant Vikers

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This is unfortunately common. Social Security rules are complex and have many exceptions. That's why it's important to get information in writing when possible and keep records of who you spoke with and what they told you.

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