Can I receive spousal benefits with husband on SSDI under new Social Security law?
I recently retired from teaching after 23 years but only accumulated about 32 quarters of Social Security coverage from part-time jobs before my teaching career. My husband (59) has been receiving SSDI for the past 3 years due to a degenerative spinal condition. I've been trying to understand if I'm eligible for any spousal benefits based on his record. I keep hearing about some "new law" that changed spousal benefits, but I'm getting conflicting information. Some people tell me I can only get spousal benefits if he switches to regular retirement benefits, while others say I can get them while he's on SSDI. Does anyone know definitively if I can receive spousal benefits while my husband remains on SSDI? Or does he have to convert to regular Social Security retirement benefits first? I'm 62 now, if that matters. Also worried about my teacher's pension possibly reducing any Social Security I might get.
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Ella Russell
Yes, you can receive spousal benefits while your husband remains on SSDI. Disability benefits and retirement benefits are both part of Social Security, and SSDI essentially functions as early retirement benefits. The "new law" you might be referring to is probably the Bipartisan Budget Act of 2015, which eliminated some filing strategies but didn't change the basic spousal benefit rules. However, since you mentioned being a teacher, you need to be aware of the Government Pension Offset (GPO). If you receive a pension from teaching work where you didn't pay into Social Security, your spousal benefits will be reduced by 2/3 of your pension amount. In some cases, this can eliminate the spousal benefit entirely. You should apply as soon as possible since you're already 62, but be prepared for a potentially reduced benefit due to GPO.
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Aaliyah Reed
•Thank you for the clear explanation! So my husband doesn't need to switch from SSDI to retirement benefits for me to qualify - that's a relief. Yes, I am concerned about the GPO. My teacher's pension is about $2,800/month. If they reduce my spousal benefit by 2/3 of that amount (around $1,867), would I get anything at all? What's the maximum spousal benefit I could potentially receive before the GPO reduction?
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Mohammed Khan
My wife got spousal benifits when I was on disability so yes u can get it! But they did reduce it becuz of her pension from the county job she had for 30 years. Still got something tho!!
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Aaliyah Reed
•That's encouraging to hear you still got something! Do you remember approximately what percentage of the full spousal benefit she received after the reduction? I'm trying to figure out if it will be worth applying.
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Gavin King
A few important clarifications: 1) Yes, you can absolutely receive spousal benefits based on your husband's SSDI record. For spousal benefit purposes, SSDI is treated exactly the same as retirement benefits. 2) The maximum spousal benefit is 50% of your husband's Primary Insurance Amount (PIA), which is his SSDI amount before any reductions or additions. 3) Since you're applying at age 62 (before your Full Retirement Age), your spousal benefit will be permanently reduced - typically to about 32.5% of his PIA instead of the full 50%. 4) Then the GPO reduction applies after that. If your teacher pension is $2,800/month, they'll reduce your spousal benefit by about $1,867 (2/3 of $2,800). 5) Many teacher's spouses end up with zero spousal benefits after GPO, but it depends on the numbers in your specific case. I'd recommend scheduling an appointment with SSA to get a precise calculation based on your actual numbers.
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Aaliyah Reed
•Thank you for breaking it down so clearly! This makes me think I probably won't get much, if anything. If my husband's SSDI is about $2,100/month, then my maximum spousal benefit would be $1,050 (50%), but reduced to about $682 (32.5%) for claiming early, and then reduced by $1,867 for GPO... which means zero benefit. Is there any point in applying if the math shows I'll get zero? Do circumstances ever change later that could make me eligible for something?
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Nathan Kim
These government pension offsets are a JOKE!! Worked my whole life teaching kids then they tell me I can't get my husband's social security even though he paid into the system for 45 YEARS!! The whole system is rigged against public servants!
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Eleanor Foster
•While I understand your frustration with GPO, it's actually designed to create parity. Most people don't realize that Social Security benefits are already reduced to account for spousal benefits - it's built into the formula. Teachers and other government workers who don't pay into Social Security aren't funding that spousal benefit component, so GPO tries to level the playing field. Doesn't make it feel any better when you're on the receiving end though! The system is definitely complex and can feel unfair.
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Lucas Turner
Been trying to call SSA for THREE WEEKS to ask this exact question about my situation (I'm a retired firefighter, wife on SSDI). Can't get through no matter what time I call. Always get disconnected or told to call back later. Anyone found a way to actually reach a human at Social Security these days???
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Kai Rivera
•I was having the same problem for weeks trying to resolve an overpayment issue. Kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me through to a Social Security agent in about 20 minutes instead of hours of redials. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU Totally worth it because the agent I spoke with was able to answer all my GPO questions and give me a personalized estimate. Found out I was actually eligible for a small benefit despite my pension.
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Aaliyah Reed
I've been doing more research, and I'm now confused about when I should apply. Some sources say I should apply right at 62 (now), while others suggest waiting until my Full Retirement Age. Would waiting increase my benefit amount enough to offset some of the GPO reduction? Or does it not matter when I apply if GPO is going to wipe out most of my benefit anyway?
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Gavin King
•Great question. For spousal benefits, waiting past age 62 only helps up to your Full Retirement Age (probably 67 for you). There's no additional increase for waiting beyond FRA like there is with retirement benefits. If the GPO would completely eliminate your benefit at age 62, waiting until FRA would only help if the higher percentage (50% at FRA vs 32.5% at 62) would be enough to give you some benefit after the GPO reduction. For example: - At 62: 32.5% of your husband's PIA minus GPO reduction - At FRA: 50% of your husband's PIA minus the same GPO reduction If your husband's SSDI is $2,100 as you mentioned, and your GPO reduction is $1,867: - At 62: $682 (32.5% of $2,100) - $1,867 = $0 - At FRA: $1,050 (50% of $2,100) - $1,867 = $0 In this example, waiting wouldn't help. But if his benefit was higher or your pension lower, waiting might make a difference.
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Mohammed Khan
my sister inlaw said u should aply now even if u get nothng because if ur husband passes away the widows benfit has difrent rules than spousal and the WEP or GPO (i get them confused) doesnt hit widows as hard
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Ella Russell
•Your sister-in-law is partly correct, but there's an important distinction. The Government Pension Offset (GPO) still applies to widow(er)'s benefits, but it's calculated the same way as for spousal benefits - reduced by 2/3 of your non-covered pension. However, widow(er)'s benefits can be up to 100% of what the deceased spouse received, rather than the 50% maximum for spousal benefits. So after the GPO reduction, you might still get something as a widow even if you get nothing as a spouse. Applying now for spousal benefits doesn't affect future widow(er)'s benefits, though. You'd apply for those separately if the time comes.
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Eleanor Foster
One option nobody has mentioned: If you have 32 quarters of coverage, you only need 8 more to qualify for Social Security retirement benefits on your own record. You could work part-time earning at least $1,640 per quarter for 8 quarters to get those remaining credits, then you'd qualify for your own benefit. It might still be reduced by the Windfall Elimination Provision (WEP), but sometimes that works out better than dealing with GPO on spousal benefits. That said, definitely apply for spousal benefits now. If you're eligible for even a small amount, you want to start receiving it. And if you're not eligible now, having the application on file could matter for backdating purposes if circumstances change.
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Aaliyah Reed
•That's a creative suggestion I hadn't considered! I'll look into part-time work options to get those 8 remaining quarters. Any idea how much my own Social Security benefit might be with the minimum 40 quarters plus my teaching pension? Would WEP reduce it significantly? I'll definitely apply for the spousal benefits now regardless, just to have it on file. It's all so complicated!
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