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SSD spousal Benefits
Old 05-05-2012, 09:22 AM   #1
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SSD spousal Benefits

I am sorry if this has been asked and answered previously. In the midst of a medical crisis and need quick answer. My DW is 64 and has been receiving SSD since 1995. I am 64. Can I get spousal benefits from her SSD and put off getting my SS benefits to anytime between 66-70?
Thanks
Larry
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Old 05-05-2012, 02:16 PM   #2
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Quote:
Originally Posted by bigla View Post
I am sorry if this has been asked and answered previously. In the midst of a medical crisis and need quick answer. My DW is 64 and has been receiving SSD since 1995. I am 64. Can I get spousal benefits from her SSD and put off getting my SS benefits to anytime between 66-70?
Thanks
Larry
If you are filing for reduced spouse's benefits on her record and you are eligible for reduced retirement benefits in the same month, you are deemed to have filed for both, so the answer is no. If you are filing on her record as a parent who has young children of hers in your care, then yes.

Good luck with your medical crisis.
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Old 05-05-2012, 04:20 PM   #3
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From http://www.ssa.gov/oact/quickcalc/spouse.html "If a spouse is eligible for a retirement benefit based on his or her own earnings, and if that benefit is higher than the spousal benefit, then we pay the retirement benefit. Otherwise we pay the spousal benefit."

If I understand that correctly, at your age there is another way to receive spousal benefits: if your spousal benefit is larger than what you would receive at your current age based on your own earnings, then even if children are not involved, you can receive the spousal benefit now, and delay benefits based on your own work record. If I'm wrong, hope someone will jump in with a correction.
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Old 05-05-2012, 05:00 PM   #4
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I'm no SS expert (but there is one on the Bogleheads forum) but I think that SS and SSD may have differences regarding spousal benefits.
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Old 05-05-2012, 06:52 PM   #5
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F. Policy - Deemed Filing Provision

1. Definition

A claimant who is entitled to reduced RIB and reduced spouse's benefits must file for both benefits if eligibility for both benefits exists in the first month of RIB or AUXSPO entitlement. This deemed filing rule also applies when totalization benefits are involved (GN 01701.000). The claimant who is entitled to reduced RIB and reduced spouse's benefits must file for totalization benefits if he/she wants to receive any social security benefits. (See DI 11015.001 for instructions on handling a surviving divorced spouse claim based on the DWB provisions in Section 5103 of P.L. 101-508.) The deemed filing rule applies to:
  • All reduced spouse's benefits, including independently entitled divorced spouse's benefits, on all SSNs;
  • An SSA-25 (Certificate of Election for Reduced Spouse's Benefits); and
  • A reduced spouse whose entitlement to DIB terminates before FRA.
NOTE: If a RIB applicant is eligible for reduced spouse's benefits on more than one record, he/she must file for benefits on all records.
2. Exceptions

a. Child In Care

A claimant who is between the age of 62 and FRA, has in his/her care a child (under age 16 or a disabled adult child) of the NH who is entitled to child's benefits, and is filing for spouse's benefits is not deemed to have filed for reduced RIB. He/she may exclude RIB from the scope of the application for spouse's benefits by a clear declination.
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Old 05-05-2012, 07:31 PM   #6
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Thanks everyone for the info. It has been helpful.
Larry
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Old 05-06-2012, 10:33 AM   #7
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Larry,
Thanks for the question and thanks to all the people who answered. This is relevant to one of my projections. I had made a bad assumption on one of them.
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