Can my spouse get spousal benefits while I'm still working at 65? He's on dialysis with low SS benefits
I'm in a tricky situation and hoping someone here can help. My husband has been on Social Security since he turned 62 (he's 67 now). He was diagnosed with end-stage kidney disease in 2021 and does dialysis every day while waiting for a kidney transplant. His SS check is only about $1,075 monthly, and after they take out his Medicare premiums, he's left with around $950 to live on. Meanwhile, I just turned 65 in July, but I'm still working full-time. According to my Social Security statement, my full retirement age is April 2026. My question is: can my husband qualify for additional spousal benefits based on MY record even though I haven't filed for my own benefits yet? His medical expenses are piling up, and that extra money would really help us right now. Or does he have to wait until I actually start collecting my benefits? I've tried calling SSA three times but keep getting disconnected after waiting for hours. Any advice from people who've dealt with this would be greatly appreciated!
17 comments


PrinceJoe
Your husband may be eligible for spousal benefits now, even while you're working. This is called "deemed filing" and applies when one spouse is already receiving benefits. He could potentially get up to 50% of your Primary Insurance Amount (PIA) - what you'd get at full retirement age - minus his own benefit amount. But here's the key: YOU need to file for your retirement benefits to trigger his spousal benefits. You could file and suspend if you want to continue working without collecting.
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Ella Harper
•Thanks for your response! So if I understand correctly, I would need to actually file for my benefits to trigger his spousal benefits? Would that mean I have to start collecting mine too, or can I just file and then not take them until later? I'm worried about reducing my own future benefits if I file early.
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Brooklyn Knight
Im pretty sure ur husband CANT get spousal benifits until u actually file for ur own SS. My sister went thru something similar. U might want to look into whether he qualifies for SSI too because of the kidey disease if his income is that low. Just a thought.
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PrinceJoe
•This is partially correct. The original poster would need to file for her own benefits to trigger spousal benefits. However, regarding SSI - since her husband is already receiving Social Security retirement benefits and likely Medicare due to ESRD, he probably wouldn't qualify for SSI due to the income and resource limits. SSDI might have been an option at diagnosis, but there's a 5-month waiting period, and he's already receiving retirement benefits.
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Owen Devar
I had a similar situation with my wife who had cancer while I was still working. Here's what I learned after HOURS of frustration trying to reach SSA: you can file for your retirement benefits to trigger the spousal benefits for your husband, but then immediately suspend your own benefits if you want to keep working and delay your retirement credits. The catch is that since the 2015 rule changes, if you suspend YOUR benefits, any benefits paid to others (like spousal benefits) on your record will also be suspended. It's incredibly frustrating. I finally got through to SSA after trying for weeks by using a service called Claimyr (claimyr.com). They hold your place in line and call you when an agent is available. Saved me literally hours of waiting. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Given your husband's medical situation, I'd try to get specific advice directly from an SSA agent rather than making assumptions. The rules around spousal benefits got complicated after the 2015 law changes.
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Daniel Rivera
•does that claimyr thing really work? i've been trying to reach ssa for WEEKS about my backpay and just get the stupid busy signal!!!
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Owen Devar
•Yes, it worked for me after three failed attempts trying to reach SSA directly. I was skeptical too but was desperate because of my wife's situation. My call was picked up in about 45 minutes versus the 3+ hour wait I experienced before (when I wasn't disconnected). Given your husband's medical needs, it might be worth trying.
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Sophie Footman
The others haven't given you the complete picture. Your situation falls under the "restricted application" rules, which changed significantly after the Bipartisan Budget Act of 2015. If you were born before January 2, 1954 (which you were, since you're 65 now), you have special options. You could potentially file a "restricted application" for ONLY spousal benefits once you reach your FRA, while letting your own retirement benefit continue to grow until age 70. However, for your husband to get the spousal benefit based on YOUR record, you would indeed need to file for your own benefits first. Given that you're still working and don't want to claim early, here's what I'd evaluate: 1) Calculate how much extra he would get as a spousal benefit (potentially up to 50% of your PIA minus his own benefit) 2) Compare that monthly increase against the permanent reduction you'd face by claiming your benefits before FRA Have you considered whether your husband might qualify for SSDI in addition to his retirement benefits? With ESRD requiring dialysis, he almost certainly meets the medical criteria.
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Connor Rupert
•wait this is confusing. i thought the 2015 law eliminated restricted applications?? my husband and i were planning our retirement based on that!
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Sophie Footman
•The 2015 law phased out restricted applications but didn't eliminate them immediately. People born before January 2, 1954 (like the original poster) were grandfathered in and can still use this strategy. People born after that date cannot file restricted applications anymore. This is why Social Security planning is so complex - the rules vary dramatically based on your birth year. If you and your husband were born after January 1954, different rules apply to your situation.
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Molly Hansen
THE SSA IS USELESS!!! I've been trying to deal with them for my disability for 2 years and they STILL haven't processed my appeal correctly. They lost my paperwork twice!!! I wouldn't count on getting any help from them anytime soon with your husband's situation. The whole system is broken!!!
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Daniel Rivera
•omg same!! they denied me twice for no reason even tho my doctor says im 100% disabled. the backlog is insane right now
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Ella Harper
Thank you all for the helpful responses. I'm still a bit confused about whether I should file now or wait. My main concern is that my husband only gets about $950 after Medicare deductions, which isn't enough with all his medical expenses. If filing for my benefits now would only give him an extra $200-300 per month but permanently reduce my future benefits by a lot more, I'm not sure it's worth it. Could someone clarify if there's any way he can get the spousal benefits without me filing early? And if not, how do I calculate how much his spousal benefit would actually be? I'm thinking I should just try to get through to an actual SSA agent for a definitive answer.
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PrinceJoe
•You're right to be cautious. There's no way for him to get spousal benefits without you filing for your retirement benefits first. To roughly estimate his potential spousal benefit: take 50% of your PIA (found on your Social Security statement), then subtract his current benefit amount. The difference would be his additional spousal benefit. Example: If your PIA is $2,400, 50% would be $1,200. If his current benefit is $950, he could receive approximately $250 extra monthly as a spousal benefit. But filing 10 months early could permanently reduce your benefit by about 5.6% (0.56% per month). I definitely recommend speaking directly with SSA for your specific numbers. This is a significant financial decision.
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Connor Rupert
has your husband looked into Extra Help for his Medicare costs? with his kidney disease and low income he might qualify. they could cover his premiums and maybe even the copays for his meds. my mom got on that program last year and it saved her over $200/month!
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Ella Harper
•That's a great suggestion I hadn't thought about! I'll definitely look into the Extra Help program. If that could cover his Medicare premiums, it might solve our immediate financial concerns without me having to file early. Thank you so much for mentioning this!
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Jamal Brown
I'm so sorry to hear about your husband's health struggles. As someone who works in benefits advocacy, I wanted to add a few things that might help your situation: 1. **Medicare Secondary Payer for ESRD**: Since your husband has kidney disease and you're still working with employer insurance, make sure Medicare is coordinating properly with your work coverage. This could reduce some out-of-pocket costs. 2. **State Kidney Programs**: Many states have kidney disease programs that provide additional financial assistance for dialysis patients. Contact your state's health department to see what's available. 3. **Medicaid Spend-Down**: Even though his income might be slightly above Medicaid limits, some states have "spend-down" programs where high medical expenses can qualify someone for Medicaid coverage of costs that Medicare doesn't cover. 4. **Contact your local Area Agency on Aging**: They often have benefits counselors who can do a complete review of all programs he might qualify for - sometimes there are programs people don't even know exist. The spousal benefits question is complex, but don't overlook these other potential sources of help while you're deciding on the Social Security strategy. Sometimes combining multiple smaller programs can provide significant relief.
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