Social Security spousal benefits confusion - started at 62 but spouse just filed now
I'm confused about spousal benefits and need some clarity. I started collecting my own Social Security at 62 (about $1,650/month). I've been married twice - first marriage lasted 8 years, second marriage has been 35 years. I'm 67 now and my current husband just filed for his benefits last month at 65 (he's younger than me). When I called SSA to ask about getting spousal benefits, the rep told me I'm not eligible because I started collecting before my husband turned 65. That doesn't sound right to me. Can I get spousal benefits from his record? Or am I stuck with just my own benefit amount forever? So frustrated with the conflicting information!
16 comments
Talia Klein
The SSA rep gave you incorrect information. The fact that you started your own benefits at 62 doesn't disqualify you from spousal benefits. What matters is whether your own benefit is higher or lower than what you'd get as a spouse. If your husband's PIA (Primary Insurance Amount) would give you a higher spousal benefit than your own current reduced benefit, you can get a combination of benefits up to the higher amount. You should definitely call SSA back and speak with a different representative. Ask specifically about "deemed filing" and explain that you want to know if you're eligible for the difference between your reduced retirement benefit and the spousal benefit you're entitled to.
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Cedric Chung
•Thank you! This is what I thought but the rep was so confident I was wrong. So just to clarify - even though I took my benefits early at 62, I can still potentially get some additional amount based on my husband's record? Do I need to file a separate application or will they just adjust my payment?
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Maxwell St. Laurent
my mom had the EXACT same situation and they told her NO at first to!! she ended up having to go TO THE OFFICE with all her paperwork. they gave her the extra spousal amount but only after she kept pushing back. dont give up!!
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Cedric Chung
•That's so frustrating but good to know. I've been trying to get through on the phone for days with no luck. Maybe I need to just go to the office in person.
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PaulineW
The rule is that if you were born before January 2, 1954, and have already reached your full retirement age, you can choose to receive only the spouse's benefit while delaying your retirement benefit. However, since you already started receiving your own retirement benefits at 62, you're subject to "deemed filing" rules. This means that when you filed for your reduced retirement benefit, you were also "deemed" to have filed for any spousal benefits you might be eligible for. But since your husband wasn't receiving benefits yet, there were no spousal benefits available at that time. Now that your husband has filed, SSA should automatically check if you're due additional spousal benefits. If your spousal benefit would be higher than your own benefit, you'll receive a combination of benefits equal to the higher spousal amount. The spousal benefit is up to 50% of your husband's PIA, but this will be reduced because you took your own benefits early. Call SSA again and specifically ask about the "excess spousal amount" you might be entitled to now that your husband has filed.
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Annabel Kimball
•Wait, I thought if you file before FRA, you're stuck with whatever you get forever? That's what they told my sister.
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Chris Elmeda
Been through this exact thing and wasted WEEKS trying to reach someone at SS. After getting disconnected 9 times and waiting on hold for hours, I finally used a service called Claimyr (claimyr.com) to get through. They have this system that holds your place in line and calls you when an agent is available. Saved me so much frustration! They have a video demo at https://youtu.be/Z-BRbJw3puU if you want to see how it works. When I finally got through, I had to specifically ask about the "excess spousal benefit" amount I might be eligible for. The first rep didn't know what I was talking about but the supervisor confirmed I was eligible for an additional $420/month on top of my own benefit.
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Cedric Chung
•Thank you for this suggestion! I've been trying to call for days and can never get through. I'll check out that service. And good to know about asking specifically for the "excess spousal benefit" - I'll use that exact language.
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Jean Claude
•is that service legit?? seems weird to have some company calling social security for you??
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Charity Cohan
I HATE how they give wrong info all the time!!! I was told THREE different things by THREE different people at SSA about my widows benefits. Its like they dont even know there own rules!!!!! You ABSOLUTELY can get spousal benefits even if you filed early. My friend got retroactive payments too when they finally fixed her account after telling her wrong info for YEARS!!!
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Talia Klein
•This happens way too often. The rules are complex, and not all SSA representatives are trained on every nuance. That's why it's always good to call back and speak with someone else if the answer doesn't seem right.
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Talia Klein
Just to clarify the math a bit more since there seems to be some confusion: 1. Because you filed at 62, your own retirement benefit was reduced to about 75% of your Primary Insurance Amount (PIA). 2. The maximum spousal benefit is 50% of your husband's PIA. 3. Since you filed for your own benefits first and early, any spousal benefits will also be reduced. 4. You don't get your own benefit PLUS the full spousal benefit. Instead, you get the higher of the two amounts. 5. More specifically, if the spousal benefit you're eligible for is higher than your own benefit, you'll receive your own benefit plus the difference between the two (sometimes called the "excess spousal benefit"). You should definitely follow up with SSA. This adjustment should happen automatically when your husband filed, but mistakes happen frequently.
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Cedric Chung
•Thank you for explaining the math! So if my current benefit is $1,650 and my husband's PIA is about $2,800, would the calculation be something like: 50% of $2,800 = $1,400, which is less than my $1,650, so I wouldn't get any additional amount? Or am I missing something?
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Maxwell St. Laurent
when i went thru this i had to ask for a REVIEW of my file not just talk to the phone people cuz they kept getting it wrong
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Josef Tearle
My situation was kinda similar but I was the younger spouse. The key thing is that your benefit at 62 is permanently reduced, but that doesn't prevent you from getting the difference if the spousal benefit would be higher. But if your own benefit is already higher than 50% of his, then there's no extra money to be had. The 35-year marriage definitely qualifies you though - the 10 year rule is only for divorced spouses.
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Cedric Chung
•Thank you - that's helpful! I'm realizing based on everyone's responses that my own benefit is probably going to be higher than what I'd get as a spouse anyway.
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