Can I receive child-in-care benefits for my disabled adult child without filing for my own Social Security at 62?
I'm in a complicated situation and need advice about Social Security benefits. I'm 62 years old, divorced, and caring for my disabled adult child (DAC) who currently receives benefits based on my ex-husband's disability record. I'm still working full-time because I simply can't afford to quit my job. My question is: Can I qualify for the child-in-care spousal benefit without filing for my own retirement benefits? Ideally, I'd like to wait until my full retirement age (67) to claim my own benefits to avoid the early filing reduction. But I also don't want to miss out on any benefits I might be entitled to now for caring for my disabled adult child. I've tried calling SSA several times but keep getting conflicting information. Has anyone been in a similar situation or know how this works? Thanks in advance for any help!
20 comments
Andre Moreau
Unfortunately, this isn't going to work the way you're hoping. When you're divorced, you can only receive divorced spousal benefits (including child-in-care benefits) if you're unmarried AND your ex-spouse is entitled to benefits. However, you cannot restrict your application to just divorced spousal benefits anymore. Since 2016, when you file for any benefit, SSA automatically considers it filing for all benefits you're eligible for (called deemed filing). So if you file for child-in-care benefits now, you'll automatically be deemed to have filed for your retirement benefits too, which means you'll get the reduced amount permanently.
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QuantumQuester
•Thank you for explaining. That's disappointing to hear. So basically there's no way for me to get any benefits now while still preserving my full retirement benefit amount at 67? Seems unfair since I'm doing the work of caring for my disabled adult child.
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Zoe Stavros
I think the first reply isnt totally right. My sister was in a kinda similar situation and she got something. Maybe check again?
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Jamal Harris
•The previous reply is actually correct. Since the Bipartisan Budget Act of 2015 eliminated restricted applications for anyone born after January 1, 1954, you can no longer file for just one benefit. If you file for any benefit, you're deemed to have filed for all benefits. The only exception is for widow(er)'s benefits, which can still be taken separately. Additionally, for divorced spousal benefits (including child-in-care), you must have been married for at least 10 years to qualify. OP didn't mention how long the marriage lasted, which is another factor to consider.
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Mei Chen
I was EXACTLY in ur situation 2 yrs ago!!! So frustrating!! I talked to 3 diff SSA reps and got 3 diff answers. Waste of time. The system is rigged against caregivers, I swear. I ended up having to take early retirement at 62 even tho I didn't want to because I needed the money. Now I'm stuck with reduced benefits FOREVER. The whole deemed filing thing is just a way for them to save $$$$.
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QuantumQuester
•I'm sorry that happened to you. It does feel like the system doesn't recognize the value of caregiving. I'm trying to avoid taking reduced benefits if I can help it. Did you find any other programs or assistance that helped?
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Liam Sullivan
Have you considered just working part time? That's what I did. I took early retirement at 62 and then just cut back my hours so I still earned some money but could stay under the earnings limit. In 2025 you can earn up to like $22,700 before they start reducing your benefits. Might be a compromise option.
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QuantumQuester
•That's something to consider, thanks. Though I'm not sure my current employer would let me go part-time, and finding a new part-time job at 62 isn't easy. I'd also have to run the numbers to see if the combination of part-time wages plus reduced benefits would be enough to cover our expenses.
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Amara Okafor
After weeks of trying to reach someone at Social Security to discuss a similar benefits issue, I finally used Claimyr (claimyr.com) and got through to an agent in under 10 minutes. They have a video showing exactly how it works at https://youtu.be/Z-BRbJw3puU. Absolutely worth it for complex situations like yours where you need to talk to an actual agent who can look at your specific case details. They helped me get clear answers instead of the generic responses on the website.
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QuantumQuester
•Thank you for the suggestion! It's been so frustrating trying to get through to someone who really understands the rules. I'll check out that service.
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CosmicCommander
•Does that service actually work? Always skeptical of these things that sound too good to be true.
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Amara Okafor
•@skeptical - Yes, it actually works. I was skeptical too but was desperate after trying for two weeks to get through. You still talk directly with real SSA employees, the service just helps you bypass the phone queue.
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Andre Moreau
To answer your follow-up question - there IS one potential option, but it depends on your ex-spouse's age. If your ex is already receiving disability benefits AND is at least at full retirement age (66-67 depending on birth year), AND you were married at least 10 years, you might qualify for divorced spousal benefits. However, since you're still working full-time, you would likely exceed the earnings limit ($22,680 for 2025 for those under FRA), which would reduce or eliminate any benefit payment anyway. Your best option might be to continue working until your FRA (67) and then file for unreduced retirement benefits at that time. If your ex-spouse passes away before then, you could potentially file for survivor benefits if those would be higher than your own retirement benefit.
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QuantumQuester
•Thank you for this additional information. We were married for 12 years, and my ex is 64 and on SSDI. So it sounds like I would hit the earnings limit issue anyway. I think I'll try to speak with an SSA representative to confirm my specific situation, but it's looking like waiting until 67 might be my best option financially.
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Zoe Stavros
my cousin gets benefits for taking care of her disabled son and shes divorced too. maybe the rules r different in different states??
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Jamal Harris
•Social Security rules are federal, so they're the same across all states. Your cousin might be receiving SSI benefits for her son, which is different from SSDI or retirement benefits, or she might have filed before the rules changed in 2016. There are also different rules depending on whether someone is caring for a minor child versus a disabled adult child (DAC). Without knowing the specific details, it's hard to compare situations.
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Liam Sullivan
Whatever you decide dont forget that Medicare doesn't start till 65 even if you take SS early! Made that mistake and had a gap in coverage. Just fyi
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QuantumQuester
•Good point about Medicare! I do have insurance through my employer currently, but that's definitely something I'll need to factor into any decision about when to retire.
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Jamal Harris
One additional consideration: If your disabled adult child is receiving benefits on your ex-husband's record, it's important to understand how any changes to your situation might affect those benefits. When your ex-husband passes away, your child will convert to survivor benefits on his record. If you file for your own benefits and later pass away, SSA will compare the benefit amounts and pay whichever is higher. Also, once you reach your FRA (67), the earnings test no longer applies, so you could claim benefits and continue working with no reduction. Many people find this to be the optimal strategy - work as long as possible and claim at FRA or even delay to age 70 if your health and employment situation allows.
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QuantumQuester
•Thank you for this additional information. I hadn't thought about how my benefits might affect my child's benefits in the future. I think I need to make an appointment with SSA to discuss all these scenarios and make sure I understand the implications for both of us long-term.
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