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Can I collect my ex-husband's Social Security at 62 while on SSDI? Will it affect my Medicare?

I've been receiving SSDI for about 8 years due to progressive macular degeneration that's left me legally blind. I'm turning 62 next month and trying to figure out my options. I was married for 14 years (in Florida) and have been divorced for 18 years now. I've never remarried, though my ex has. Our divorce agreement mentions something about Social Security benefits at retirement. I have three main questions: 1. Can I apply for my ex-husband's Social Security benefits when I turn 62, even though he's still working (he's 63)? 2. What happens to my disability benefits if I do that? I currently get about $1,975/month. 3. Will this affect my Medicare coverage in any way? I absolutely cannot risk losing my health insurance because I'm also managing COPD and had thyroid cancer two years ago. I'm confused about the whole process and worried about messing up the benefits I already have. Any insights from someone who's navigated this would be really helpful!

Elin Robinson

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Hi there! The divorce decree itself doesn't actually determine your Social Security eligibility - that's entirely determined by federal law. The good news is that you CAN potentially collect ex-spouse benefits if: - You were married at least 10 years (you qualify with 14) - You are unmarried (you qualify) - You are at least 62 (you're about to qualify) However, here's the important part: Since you're on SSDI, you'll never receive BOTH full disability AND ex-spouse benefits. Social Security will pay whichever is HIGHER. This is called the "dual entitlement rule." If your ex's work record would give you more than your current SSDI, you'd get your SSDI amount plus the difference. And don't worry about Medicare - claiming ex-spouse benefits won't affect your Medicare eligibility at all!

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Thank you so much for explaining! So I won't lose my disability benefits completely, but might get a bit more if his record would provide higher benefits? Do you know if I need to wait until he actually files for his retirement benefits, or can I apply based on his record even if he's still working?

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one thing to kno is that ur ex doesn't hafta be retired for u to claim on his record. he just has to be 'eligible' for benefits (meaning old enough), but doesn't have to be taking them yet. I went thru similar situation last yr but my ex was younger than me so I had to wait.

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That's helpful to know! So even though he's still working at 63, I could potentially file based on his record? I'm just really nervous about doing anything that might jeopardize my current benefits.

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Beth Ford

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To clarify some points here: As a divorced spouse, you can claim benefits on your ex's record if he is eligible for benefits (which at 63, he is), even if he hasn't filed yet, as long as you've been divorced for at least 2 years. However, since you're already receiving SSDI, the calculation gets more complex. At age 62, you won't actually transition from SSDI to retirement benefits - that happens automatically at your Full Retirement Age (FRA), which is 67 for people born after 1960. If your ex's work record would provide higher benefits than your current SSDI, you could receive an additional amount, but you wouldn't get both fully. SSA will calculate this as your disability benefit plus the difference (if any) between that amount and what you'd get as an ex-spouse. Importantly, divorced spousal benefits at age 62 are reduced to about 32.5% of your ex's full benefit amount because you're claiming early. This might mean it's not actually higher than your current SSDI.

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Thank you for the detailed explanation. I didn't realize spousal benefits would be reduced so much at 62! I'm starting to think maybe I should just leave things as they are until I reach FRA. Does the SSA automatically look at both options when I reach FRA to give me the higher amount, or do I need to specifically apply for the ex-spouse benefits?

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Morita Montoya

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Ok but wait - I'm really confused now. I thought if you're on disability, you CAN'T get spousal benefits at the same time?? My cousin tried to do this and they denied her completely. She had to choose one or the other. Are you SURE about this? The whole system is so complicated!!! 😫

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Beth Ford

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Your cousin might have been misinformed or had a different situation. You can't receive the FULL amount of both benefits simultaneously, but you can receive the higher of the two, effectively. If ex-spousal benefits would be higher than your disability benefit, you'd get your disability amount plus the difference between the two. The SSA calculates this automatically when you apply. They aren't mutually exclusive - they're just not fully cumulative.

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just to add my experience - I was on SSDI for 9 years and when I turned 62 last year I checked about my ex husband's SS (we were married 22 years). turns out his benefit was way higher so I DO get more money now. about $345 more a month which really helps. my medicare didn't change at all.

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That's exactly what I was hoping to hear! An extra few hundred dollars monthly would make a huge difference. Did you have to go through a complicated application process or provide documentation from your divorce?

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Joy Olmedo

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I hate to be the bearer of bad news, but PLEASE be careful here! When I called SSA about a similar situation, I was on hold for FOUR HOURS only to be disconnected twice. Then when I finally got through, the rep gave me completely wrong information that another rep contradicted the next day. The whole system is a disaster and you can't trust what they tell you over the phone. I finally used a service called Claimyr (claimyr.com) to get through quickly. They have a system that holds your place in line and calls you when an agent is available. Saved me hours of frustration and I finally got consistent answers. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Worth it for peace of mind when dealing with something this important.

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Thank you for the suggestion! I've been dreading making that call for exactly the reasons you mentioned. I'll check out that service - at this point I'll try anything that might make the process less painful.

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Isaiah Cross

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DOESNT MATTER WHAT UR DIVORCE DECREE SAYS!! The govt doesn't care about that part of ur divorce agreement. I found that out the hard way when my ex tried to block me from getting benefits. But SSA told him to pound sand because the rules are the rules. As long as u were married 10+ years ur good.

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Morita Montoya

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Omg yes!! My ex tried the same thing! He actually called SSA to try to block me from claiming on his record even though we were married for 12 years. The SSA person told him that's not how it works - his benefits don't get reduced when an ex claims on his record. Some men are just petty!

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Elin Robinson

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One important thing to add: When you reach your Full Retirement Age (67), your SSDI will automatically convert to regular Social Security retirement benefits at the same amount. At that point, you should definitely contact SSA about ex-spousal benefits if you haven't already claimed them. At FRA, you'd be eligible for 50% of your ex's full benefit amount (not reduced for early claiming), which might be more advantageous than at age 62 when you'd only get 32.5%. Regarding Medicare - your eligibility won't change at all. Once you have Medicare through SSDI, you keep it regardless of which type of Social Security benefits you receive going forward.

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This is very helpful to know. Maybe it makes more sense for me to wait until FRA to look into the ex-spouse benefits if I'd get a higher percentage then. The most important thing for me is maintaining my Medicare coverage, so I'm relieved to hear that won't be affected regardless of what I decide.

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Atticus Domingo

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btw if u do call social security come prepared!!! have ALL ur paperwork ready - they asked me for my marriage certificate AND divorce decree even tho they should have that info already on file. also have ur ex's SSN if possible. and be ready to wait foreverrrrr on hold.

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Thanks for the tip! I have my divorce decree somewhere but I'll have to dig through boxes to find my marriage certificate. I don't think I have my ex's SSN though - do you know if that's absolutely required? We haven't had any contact in over 15 years.

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Joy Olmedo

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Just a quick update - I used Claimyr again yesterday to reach SSA about a different issue and got through in about 30 minutes instead of the 3+ hours I was expecting. The rep confirmed that you don't absolutely need your ex's SSN to start the process, though it can speed things up. They can look him up by name, DOB, and last known address if needed.

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That's a relief! I don't think I'd be able to get his SSN at this point. I appreciate you following up with that information.

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Beth Ford

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To summarize your options: 1. You can apply for ex-spousal benefits at 62, but you'll only get about 32.5% of his full benefit amount, and only the difference between that and your current SSDI if it's higher. 2. You could wait until your Full Retirement Age (67) when you'd be eligible for 50% of his full benefit amount, potentially resulting in a higher payment. 3. Your Medicare will not be affected either way. The best approach depends on your financial needs now versus potentially getting more later. If you need additional income immediately, applying at 62 makes sense. If you can wait, doing so might be financially advantageous in the long run. When you do apply, be prepared with your marriage certificate, divorce decree, and as much information about your ex as possible (even without his SSN).

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Thank you for laying out all my options so clearly! After reading everyone's advice, I think I'm going to call SSA (using that Claimyr service to avoid the wait times) and find out exactly how much extra I might get if I apply at 62 versus waiting until 67. If it's only a small difference, I'll probably wait, but if it's substantial, getting that extra money now would really help with my medical expenses.

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