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Can I keep my SSDI while collecting ex-spouse Social Security benefits at 64?

I turned 64 last month and have been receiving SSDI for the past 7 years due to severe rheumatoid arthritis. My situation is getting a bit complicated now because my ex-husband (we were married 13 years before divorcing in 2006) will be turning 62 this October. I've been reading about divorced spouse benefits and understand I might be entitled to receive an amount equivalent to 50% of his Social Security retirement benefit. What's confusing me is whether I'd have to give up my disability benefits to receive this ex-spouse benefit. Would I have to choose between them, or would the ex-spouse benefit be paid IN ADDITION to my current SSDI? I'm really worried about making the wrong decision here since my monthly budget is already stretched thin. Any insights from folks who've navigated this situation would be so appreciated!

Good news! You don't have to forfeit your SSDI to receive ex-spouse benefits. SSA will pay you whichever is higher - your own SSDI benefit OR the divorced spouse benefit (which would be up to 50% of his PIA). But you won't receive both amounts combined. If your SSDI is currently higher than what you'd get from the ex-spouse benefit, nothing will change. If the ex-spouse benefit would be higher, they'll switch you to that amount. Either way, you won't lose money.

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Diego Chavez

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Thank you so much for explaining! So if I understand correctly, I'll automatically get whichever amount is higher? Do I need to apply for the ex-spouse benefit to trigger this comparison, or does SSA do this automatically? Sorry for all the questions - I'm just worried about missing out.

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Sean O'Brien

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my sister went thru this exact thing last yr!! she kept getting her disabilty check cuz it was more then what shed get from her ex. SSA just compares the 2 amounts and gives u the bigger one. dont worry abt losing ur benefits!

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Diego Chavez

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That's reassuring to hear about your sister's experience! Was she notified about this comparison happening, or did she have to contact SSA first? I'm nervous about the whole process.

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Zara Shah

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I'm a retired SSA claims specialist, so let me clarify a few points: 1. You need to actually APPLY for the divorced spouse benefits - it's not automatic. SSA won't know to check this for you. 2. If your ex-husband hasn't filed for his own benefits yet, you can still apply for divorced spouse benefits as long as you've been divorced for at least 2 years. 3. As others mentioned, you'll receive the higher of either your own SSDI benefit or the divorced spouse benefit (up to 50% of his Primary Insurance Amount) - not both. 4. Important: When you reach your Full Retirement Age (66 and 4 months for someone born in 1961), your SSDI will automatically convert to regular retirement benefits, but the amount stays the same. 5. After your ex-husband files, check if 50% of his benefit would be higher than your current SSDI. If yes, it's worth applying.

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Luca Bianchi

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Wait a minute... I thought divorced spouse benefits were only 35% if you claim before your full retirement age??? Thats what the SSA told me when i called!!!?? im so confused by all this

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The whole system is DESIGNED to be confusing! They make everything complicated so people don't get the money they're entitled to. I waited 3 MONTHS for them to figure out my ex-spouse benefit and then they underpaid me by $240!!! Had to fight for ANOTHER 2 months to get that fixed!!! When you call, DOCUMENT EVERYTHING - names, dates, what they tell you. Don't trust them to get it right the first time!!!

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Nia Harris

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So true! I've been through the same nightmare. I think they intentionally make the rules complex so we just give up trying to understand them.

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Zara Shah

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@profile5 You're partially correct. If you take divorced spouse benefits before your Full Retirement Age, they are reduced - but not to exactly 35%. The reduction is approximately 0.69% for each month before your FRA. However, this reduction formula is different from disability benefits! @OP: Since you're already on SSDI, you wouldn't face the early reduction penalties that apply to retired workers who claim early. You would be eligible for the full 50% of your ex-husband's PIA that you're entitled to as a divorced spouse (assuming you don't remarry). The comparison would be between your full SSDI amount and the full divorced spouse amount.

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Diego Chavez

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This is getting complicated, but I think I understand better now. So I need to actually apply for the divorced spouse benefits, and since I'm on SSDI, I would get the full 50% of his benefit if that's higher than my current SSDI, without any reduction for being under FRA? Did I get that right?

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Mateo Gonzalez

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My mom just dealt with this last year she tried calling SSA for WEEKS couldn't get through kept getting disconnected it was a nightmare she was so stressed. She finally used this service called Claimyr (claimyr.com) that got her through to an actual SSA person in like 20 minutes. They have a video showing how it works https://youtu.be/Z-BRbJw3puU saved her so much frustration! She did find out her SSDI was higher than ex-spouse benefits so nothing changed but at least she got answers

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Diego Chavez

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I hadn't heard of that service before. Thanks for sharing! I've been dreading making the call because I know how impossible it is to get through. I'll check out the video and see if this might help.

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@OP Yes, you've got it right. You need to apply specifically for the divorced spouse benefits to trigger the comparison. Since you're receiving SSDI and not early retirement benefits, you would be eligible for the full 50% of your ex-husband's PIA (if that amount is higher than your SSDI) without reduction. The application process is straightforward - you'll need your marriage certificate, divorce decree, and your ex's Social Security number (if you have it, though SSA can usually find it if you don't). I recommend calling to schedule an appointment rather than trying to do it online since your situation involves SSDI.

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Sean O'Brien

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u also need proof of birthdate! my sister forgot that and had to go back a second time with her birth certificate. just bring ALL ur paperwork to save time!!

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Just to add to the frustration - I applied for ex-spouse benefits and SSA lost my paperwork TWICE!!! Make copies of EVERYTHING you submit. And if you mail anything, use certified mail with return receipt. They denied ever receiving my divorce decree even though I had proof it was delivered!

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Nia Harris

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This happened to my neighbor too! She had to submit her marriage certificate three times because they kept "losing" it. So frustrating!

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Luca Bianchi

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i went through this whole process last yr and found out my ex was actually getting SSDI too not retirement! apparently you cant get ex-spouse benefits if theyre on disability only if theyre getting retirement? nobody told me this until after i waited 2 months for them to process everything... make sure you find out exactly what benefits your ex is receiving before you go through all this trouble!!

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Zara Shah

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That's not entirely accurate. You *can* qualify for divorced spouse benefits if your ex is receiving SSDI. The Social Security Administration treats SSDI the same as retirement benefits for the purpose of spouse and divorced spouse benefits. The confusion might have been because of a different issue with your specific case. If anyone is told they can't get benefits because an ex is on SSDI instead of retirement, they should definitely request a formal explanation or reconsideration.

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Diego Chavez

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Thank you all for the helpful information! I've made notes of everything and will gather my documents (including birth certificate!) before applying. I'll probably use that Claimyr service to help get through to someone at SSA since making an appointment sounds like the best approach. I'm feeling much more confident now - at least I know I won't lose my current benefits if the ex-spouse amount turns out to be lower. I'll update here after I've gone through the process in case it helps someone else in a similar situation.

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Good plan! One more tip: when you speak with SSA, specifically ask them to do a "benefits calculation comparison" between your SSDI and potential divorced spouse benefits. This ensures they'll put the exact figures in writing for you. Best of luck and please do update us!

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