Can I collect on my ex-husband's SSDI at 62 while letting my own Social Security benefits grow?
I just turned 62 last month and I'm trying to figure out my best options for retirement. My ex-husband (we were married for 24 years) is currently receiving Social Security disability benefits. I've heard about something called "restricted application" where you can collect on someone else's record while letting your own benefits grow until 70. Is this still possible? Can I claim on his disability record now and then switch to my own retirement benefits later when they'd be higher? I'm still working part-time but considering cutting back hours soon. Any advice would be so appreciated!
18 comments
Zane Gray
Unfortunately, restricted applications are only available to people born before January 2, 1954. If you were born after that date (which at 62 now, you would have been), you can't file a restricted application anymore due to changes from the Bipartisan Budget Act of 2015. When you file for any benefit now, the SSA automatically gives you the highest benefit you're eligible for - either your own retirement or a portion of your ex-spouse's benefit.
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Aileen Rodriguez
•Oh no, that's disappointing! I was born in 1963, so I guess I missed that cutoff. So there's really no way for me to let my benefits grow anymore while collecting something else? I was really counting on being able to do this.
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Maggie Martinez
I went through this exact situation last year. The previous commenter is right about restricted applications being eliminated for most people. However, you can still make a strategic choice about WHEN to file. If your ex's SSDI benefit is substantial and your work record is strong, you might want to run calculations for different scenarios. If you claim at 62, you'll get a permanently reduced benefit (about 30% less than your full retirement age benefit). You need to compare what 50% of your ex's benefit would be versus your own reduced benefit.
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Alejandro Castro
•This happened to my sister and she found out that half of her ex's benefit was actually LESS than her own reduced benefit at 62! So she just took her own. Definitely worth checking the numbers before you decide anything.
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Aileen Rodriguez
Thanks for the replies. Does anyone know if there's a way to find out exactly what half of his SSDI would be for me? I tried calling the SSA office but have been on hold FOREVER and keep getting disconnected. I don't even know if they'll tell me his benefit amount since we're divorced... so frustrating!
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Monique Byrd
•I had the same issue trying to get information about my ex's benefits. I eventually got through using Claimyr.com - it's a service that holds your place in line with SSA and calls you when an agent is ready. Saved me hours of frustration. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. The agent was able to run calculations for me comparing my own benefit to what I'd get from my ex's record. Just make sure you have your marriage certificate and divorce decree information ready when you call.
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Jackie Martinez
Everyone here is missing something important - even though you can't do a restricted application, there IS still a strategy worth considering! If your ex's benefit is high enough that 50% of his SSDI would be more than your reduced retirement at 62, you could take the ex-spouse benefit now. Then later when you reach your Full Retirement Age (probably 67 for you), you could switch to your own retirement benefit if it would be higher by then. You're not stuck with whatever you choose at 62 permanently in ALL cases.
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Zane Gray
•That's not accurate information. Under current rules, when you file at any age, you'll automatically receive the higher of either your own benefit or the spousal/divorced spouse benefit. You can't choose to take the lower one now and switch later - the SSA gives you whichever is higher. The only exception is for those born before 1954 who were grandfathered in under the old rules.
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Lia Quinn
The confusion here is understandable because these rules are complex and have changed over time. Let me clarify: When you file for benefits as a divorced spouse (whether your ex is on disability or retirement), the SSA will look at both your own benefit and the divorced spouse benefit you could receive. They'll pay you essentially the higher amount. So if your own benefit at 62 would be $800 (reduced for early filing), and 50% of your ex's disability benefit would be $1000, you'd receive your $800 plus $200 of the spousal benefit to total $1000. That $800 portion is permanently reduced for early filing. If you wait until your Full Retirement Age, your own benefit might grow to be higher than the spousal portion. At that point, you'd just receive your own benefit amount. But regardless of what you choose, working while collecting before your FRA means you'll be subject to the earnings test, which could temporarily reduce your benefit if you earn above certain thresholds ($22,320 in 2025).
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Aileen Rodriguez
•Thank you for explaining! So it sounds like I should call SSA to get exact benefit amounts to compare. If my ex's SSDI is high enough that even 50% of it is more than my own reduced benefit at 62, it might make sense to file now. But if my own benefit would be higher even at the reduced amount, I might be better off waiting until later to maximize my own benefit? Is that right?
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Haley Stokes
my neighbor got half of her exs check AND her own!!1! you just have to tell them u want BOTH checks when u apply. thats what she did and shes been getting 2 checks every month for 3 yrs
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Lia Quinn
•That's not how it works. Your neighbor may be receiving her own benefit plus a supplemental amount to reach the equivalent of 50% of her ex's benefit if that amount is higher, but it would be combined into one payment. The SSA doesn't issue separate checks for both benefits - they calculate the highest total you're eligible for and pay that amount.
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Maggie Martinez
After calling SSA and getting all the numbers, don't forget to consider taxes in your decision. If you're still working part-time, taking Social Security early could push you into a situation where up to 85% of your benefits become taxable. For some people, waiting until they fully retire makes more financial sense for this reason alone.
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Alejandro Castro
•Yes! This happened to my brother-in-law. He took SS early while still working and ended up with a surprise tax bill. Totally negated the extra money he thought he was getting.
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Monique Byrd
When I finally got through to SSA about my divorced spouse benefits, they asked for my marriage certificate and divorce decree to verify I met the 10-year marriage requirement. They also wanted to know if I had remarried (remarriage generally ends eligibility for ex-spouse benefits unless that marriage has also ended). Make sure you have all that documentation ready when you call.
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Aileen Rodriguez
•I haven't remarried, and I do have our divorce papers somewhere... need to dig them out of storage though. We were definitely married over 10 years (24 years actually). This is getting complicated but I appreciate everyone's help!
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Lia Quinn
Based on all the information shared, here's what you should do: 1. Contact SSA to get exact benefit estimates for both scenarios (your own reduced benefit at 62 vs. divorced spouse benefit) 2. Consider how long you plan to keep working and how that affects the earnings test 3. Think about your longevity - waiting increases your lifetime benefits if you live longer 4. Factor in your current financial needs - sometimes taking reduced benefits early is necessary If the numbers are close, and you can afford to wait, delaying benefits to avoid permanent reductions is often financially advantageous in the long run if you live into your 80s or beyond.
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Aileen Rodriguez
•Thank you all for the helpful information! I'm going to try to contact SSA to get exact numbers before making any decisions. This has been eye-opening - I clearly had some misconceptions about how the system works.
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