Can SSDI recipient (58) qualify for spousal benefits when husband's SS is higher?

Yes, she may be eligible for spousal benefits even while on SSDI, but there are specific rules that apply. Since she's under Full Retirement Age (FRA), she would receive the higher of either her SSDI benefit or up to 50% of her husband's Primary Insurance Amount (PIA). The PIA is not necessarily what he's receiving now - it's his benefit amount at his FRA before any increases for delayed retirement. She should definitely contact SSA to verify her eligibility and the potential amount. They'll need to look at both of their earnings records to determine if there would be any additional amount payable.

The whole spousal benefit thing is SO confusing!! When I was on SSDI they told me I couldn't get ANY spousal benefits until I reached 62!!! Maybe the rules have changed or maybe they LIED to me (wouldn't be the first time SSA gave wrong info). I spent HOURS trying to get answers and every person told me something different. It's ridiculous how they make everything so complicated!!

The rules are actually pretty specific here. Your sister-in-law can potentially receive spousal benefits while on SSDI without waiting until retirement age, but: 1. She would receive the higher of: her own SSDI benefit OR up to 50% of her husband's PIA (not his increased amount for delaying) 2. There's no early filing reduction for disabled spouses like there would be for early retirement 3. The maximum she could receive is 50% of his PIA Based on the numbers you shared, her $1,450 SSDI might already be higher than 50% of his PIA (which would be less than his current $2,800), so there might not be any additional amount payable. SSA would need to make that calculation.

She should definitely try to reach SSA again to check if she qualifies. But instead of waiting on hold forever, tell her to check out claimyr.com - I used it last month when I had a similar issue with potential spousal benefits. You pay a small fee and they get you through to a real SSA agent quickly. Saved me literally hours of frustration. They have a demo video at https://youtu.be/Z-BRbJw3puU showing how it works.

From personal experience, I can tell you the 'spousal top-off' depends on when her husband filed for his benefits too. If he just started collecting at 70, his PIA (the amount at his full retirement age) would be less than the $2,800 he's getting now. The 50% spousal benefit is based on his PIA, not his age-70 increased amount. For example, if his PIA was $2,100 at his FRA of 66, the maximum spousal benefit would be $1,050. Since your SIL's SSDI is $1,450, she wouldn't get any additional spousal benefit in this scenario because her own benefit is already higher. The calculation gets pretty technical. When I went through this with my wife (also on SSDI), we found out she was eligible for about $300 extra per month as a spouse.

my aunt was in a similar situation last year she was 56 on ssdi and her husband was 68 on regular ss. she got a small amount extra i think like $175 a month but she had to keep calling and asking because they didn't do it automatically. make sure your friend keeps following up!

One other important thing I forgot to mention - if she is eligible for additional spousal benefits, she'll need to actually apply for them. SSA generally doesn't automatically add these benefits even though they should. She'll need to specifically request the spousal benefit. And just to clarify something from earlier comments: If someone is receiving SSDI, they can receive spousal benefits before age 62. The age 62 requirement applies to people who are not disabled and want to claim early spousal benefits.

Tell her to get a benefit verification letter from her online my Social Security account first. She'll need that when applying for the spousal portion. Also, if she does qualify for a spousal top-up, they might owe her back pay from when her husband filed, but only if she applies within 6 months of his filing date.