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Liam O'Sullivan

Can I draw SSDI and my ex-husband's Social Security retirement benefits simultaneously?

I've been receiving Social Security disability (SSDI) for about 3 years now after my rheumatoid arthritis made it impossible to continue my nursing career. My monthly payment is around $1,875. I just found out my ex-husband (we were married 12 years) is retiring next month at his full retirement age. He always made significantly more than me and I heard somewhere that I might be eligible for some of his benefits even though we're divorced? Can I collect both my disability and a portion of his retirement at the same time? If so, how does that work? Would I get both payments separately or would they combine them somehow? I'm so confused about this whole process and the SSA website wasn't much help.

Amara Okonkwo

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Yes, you can potentially receive both - this is called \

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Thank you for explaining this! I am currently unmarried and don't have any young children in my care. So if I understand correctly, I won't lose my SSDI payment, but might get a bit extra if his benefit amount is higher? Do I need to apply for this specifically or will SSA automatically check this for me when he files?

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my sister tried this and it was a NIGHTMARE!!!! she got her SSDI and ex husband benefits for 3 months then SSA sent letter saying she wasnt eligible and wanted $4300 back!!!!! took 8 months to sort out and she had to get congressman involved

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Oh no, that sounds awful! Did she eventually get to keep both benefits? I'm worried now that I could end up in the same situation.

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The previous response is mostly accurate, but let me clarify a couple points. When you receive divorced spouse's benefits while on SSDI, you won't get TWO separate full payments. Instead, you'll receive your SSDI amount plus a supplement that brings the total up to the higher amount (if your ex's benefit would give you more).Also important: Your ex doesn't need to be actually collecting his benefits for you to claim divorced spouse benefits, he just needs to be ELIGIBLE. And he doesn't even need to know you're applying - SSA doesn't notify him.You DO need to apply specifically for the divorced spouse benefit. SSA doesn't automatically check this for you. I'd recommend calling and making an appointment specifically for this purpose.

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Thanks for this additional information! I'll definitely need to apply then. I've been trying to call for 3 days but can't get through to anyone. The estimated wait time is always 2+ hours and then I usually get disconnected. Is there a better way to reach them?

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Dylan Hughes

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You might want to try Claimyr to get through to SSA faster. I was in a similar situation trying to straighten out my benefits after my divorce and kept getting disconnected. I used their service at claimyr.com and they got me through to a rep in about 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I finally got through to someone, they scheduled an appointment for me to discuss my divorced spouse benefits. Much easier than trying to explain everything over the phone.

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Thank you for the recommendation! I'll check this out. At this point I'm willing to try anything to avoid spending my whole day on hold just to get disconnected.

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NightOwl42

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just want to add you should gather your marriage certificate and divorce decree before applying SS always asks for those even tho they shouldn't need them for som reason good luck

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This is excellent advice. I'd also recommend bringing your most recent SSDI award letter if you have it, proof of your ex's SSN (tax returns from when you filed together can work), and photo ID. Having all documents ready can prevent delays in processing your application.

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I went through this exact thing last year and there's a really important detail no one mentioned yet - the timing! If your ex is filing at his FRA, and you want divorced spouse benefits, it matters whether you're at your FRA too.If you're under your full retirement age, they'll reduce your divorced spouse benefits. I'm 60 and they reduced mine by like 30% because I'm not at my FRA (which is 67 for me).Also took FOREVER to process - almost 5 months before I saw a penny of the additional amount.

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That's a really good point I hadn't considered. I'm 58 now, so definitely not at FRA. Do you know if the reduction would apply even though I'm on SSDI rather than regular retirement? And wow - 5 months is a long wait!

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Amara Okonkwo

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Good question about SSDI and the reduction. If you're receiving SSDI, the early filing reduction doesn't apply to the divorced spouse benefits in the same way. Since you're already considered

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Dmitry Ivanov

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I don't understand why everyone is making this so complicated!!! SS is SS - if you qualify for disability you get disability, if you qualify for your ex's you get that. My brother gets both his and his ex-wife's with no problem, they just deposit both checks. He gets like $4,000 a month total.

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I'm afraid that's not accurate. Your brother is likely either: 1) receiving his own retirement plus a survivor benefit if his ex-wife passed away, or 2) receiving his own benefit plus a divorced spouse supplement, but not two separate full checks. The maximum total would be the higher of the two benefit amounts, not the sum of both. This is a common misconception, but Social Security doesn't pay double full benefits in these situations.

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Thank you everyone for all this helpful information! I've gathered my marriage certificate and divorce decree, and I'm going to try using that Claimyr service to reach someone at SSA tomorrow. I'll make sure to specifically ask about how my SSDI impacts the divorced spouse benefits and whether there would be any reduction since I'm not at FRA yet. I'll update once I know more about how much additional benefit I might receive.

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good luck!!!! bring a NOTEPAD and write down everything they tell you and get the reps NAME!!!!! trust me on this one

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Please do update us! I'm curious how much additional benefit you might get. I ended up with about $340 extra per month which has been really helpful with inflation being so high lately.

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Diego Chavez

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I'm in a very similar situation - also receiving SSDI for about 2 years now due to a back injury, and my ex-husband is approaching retirement age. This thread has been incredibly helpful! I had no idea I could potentially receive divorced spouse benefits while on SSDI. One question I have - does it matter if my ex-husband remarried? We've been divorced for 8 years and he got married again about 3 years ago. Would his current marriage affect my eligibility for divorced spouse benefits based on our previous marriage?

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Great question Diego! His remarriage doesn't affect your eligibility at all. As long as you were married to him for at least 10 years (which it sounds like you were), you can still claim divorced spouse benefits even if he's remarried. His new wife would also be eligible for spouse benefits when she reaches the appropriate age, but that doesn't reduce what you can get. The key requirements are: 1) You were married at least 10 years, 2) You're currently unmarried, and 3) You're at least 62 (or receiving SSDI like in your case). His marital status after your divorce is irrelevant to your claim. You should definitely look into this!

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@Diego Chavez That s'exactly right - his remarriage won t'impact your eligibility at all! I went through this process last year and SSA specifically told me that what matters is YOUR marital status, not his. As long as you remain unmarried and meet the other requirements 10+ (year marriage, etc. ,)you re'good to go. Just make sure you have your marriage certificate and divorce decree ready when you apply. The whole process can take several months to get approved and start receiving the additional benefits, so don t'wait too long to get started!

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Justin Chang

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This is such valuable information! I had no idea that divorced spouses could potentially receive benefits while on SSDI. I'm in a somewhat similar situation - I've been on SSDI for fibromyalgia for about 18 months, and my ex-husband will be eligible for retirement benefits in a couple of years. We were married for 14 years before divorcing. Reading through all these responses, it sounds like I should start preparing now by gathering my documents (marriage certificate, divorce decree, etc.) so I'm ready when the time comes. One thing I'm still unclear on - if my SSDI amount is higher than what I'd get from his divorced spouse benefits, would there be any point in applying? Or do they always supplement to bring you up to the higher amount regardless of which benefit is larger?

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@Justin Chang Great question! If your SSDI amount is already higher than what you d'receive from divorced spouse benefits, then there would be no additional payment - you d'just keep receiving your current SSDI amount. Social Security always pays you the higher of the two benefits, not both. However, it s'still worth applying when your ex becomes eligible because benefit amounts can change over time due to cost-of-living adjustments, and his benefit might end up being calculated higher than expected. Plus, if something were to happen to him later, you could potentially be eligible for divorced survivor benefits which are often higher than regular divorced spouse benefits. The application doesn t'cost anything, so it s'worth checking even if you think your SSDI might be higher!

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I want to add something important that might help others in this thread - make sure you understand the difference between divorced spouse benefits and divorced survivor benefits. While we're all talking about divorced spouse benefits (which you can get while your ex is alive and receiving/eligible for retirement), divorced survivor benefits are typically much higher and available if your ex passes away. The survivor benefit can be up to 100% of what your ex was receiving, compared to divorced spouse benefits which max out at 50% of their benefit. Just wanted to mention this since several people are in similar long-term situations where this distinction could matter down the road. Also, for those having trouble getting through to SSA - try calling right when they open at 7 AM local time. I've had much better luck getting through early in the morning before the phone lines get overwhelmed.

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Summer Green

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@Freya Andersen This is really helpful additional context! I hadn t'thought about the difference between divorced spouse and survivor benefits. The tip about calling at 7 AM is great too - I ve'been trying to call in the afternoons and getting nowhere. Just to clarify for my own understanding - if someone is receiving SSDI and divorced spouse benefits, would they automatically transition to the higher divorced survivor benefit if their ex passes away, or would that require a separate application? I m'trying to understand all the potential scenarios since this seems like it could affect people for many years.

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