Can I get spousal benefit top-up when my SS is $300 less than half my husband's? Also confused about disabled adult child benefits

For your first question - yes, you should be eligible for a spousal top-up since your benefit is less than 50% of your husband's. This is called the "excess spousal benefit." But it's NOT automatic - you have to apply for it at SSA. Some people mistakenly think SSA automatically calculates and adds this, but they don't. You should contact them ASAP because they may owe you back payments if you were eligible before now. Regarding your second question, yes, your husband's son would likely convert from SSI to DAC (Disabled Adult Child) benefits under your husband's record if he became disabled before age 22. This is actually better for him because DAC benefits are typically higher than SSI and don't have the same strict income and resource limits. The mother's SSI doesn't affect this conversion.

my situation was kinda like yours but different amounts. i started getting ss at 62 (big mistake lol) and my husband got his at 66. when i called about the spousal benefit they said i could get like $120 more a month but i had to go to the office to apply for it. they didnt just add it on automatically which is stupid imo

Your husband's disabled son should definitely apply for DAC benefits based on your husband's work record. This is governed under Section 202(d) of the Social Security Act. The requirements are: 1) he must be unmarried, 2) he must have become disabled before age 22, and 3) he must meet the definition of disability for adults. Importantly, DAC benefits are NOT affected by the Family Maximum when it comes to spousal benefits. So you getting your spousal top-up would not reduce what his son receives, and vice versa. Your husband's primary benefit also remains unchanged. One critical note: If his son switches from SSI to DAC, he'll likely qualify for Medicare after a 24-month waiting period, but he might lose Medicaid if he's currently receiving it with SSI. Some states have programs to help DAC beneficiaries maintain Medicaid eligibility.

I had so much trouble reaching SSA to ask about my spousal benefits last year. I finally used a service called Claimyr (claimyr.com) to get through to an agent in about 15 minutes instead of waiting on hold forever. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. After months of trying to reach someone, it was so worth it to finally talk to someone who could help with my application.

just wanna point out that if his son gets DAC (which is better than SSI) the mom might see her SSI reduced if they live together. SSI counts household income differently so she might need to prepare for that change.

To address your Medicare premium question - claiming the spousal top-up won't directly change your Medicare premium. Medicare premiums are based on your modified adjusted gross income (MAGI) from your tax return from 2 years ago. So if the additional income from the top-up doesn't push your total household income into a higher IRMAA bracket, your premium won't change. And yes, you should definitely pursue any back payments. When you apply for the spousal benefit, SSA can pay up to 6 months of retroactive benefits, so don't delay in contacting them.

btw when you go in for the spousal topup make sure you bring EVERYTHING with you... birth certificates, marriage certificate, death certificates if any previous spouses, divorce papers, etc. they made me come back TWICE because they wanted more paperwork even though they already had everything in their system from when i applied for my own ss!!

One more important point about the DAC benefits for your husband's son: When he converts from SSI to DAC, he'll receive a benefit equal to 50% of your husband's Primary Insurance Amount (PIA) while your husband is alive. If your husband passes away, the son's benefit would increase to 75% of your husband's PIA. This conversion won't affect your spousal top-up at all, as the family maximum typically doesn't apply in these situations. Both you and the son can receive your full entitled benefits without reducing each other's amounts.