Nov. 23--Q: When I qualified for Social Security I asked about my ex-husband's benefit and they said I was only entitled to it after he died. Yet everything I read about that does not say he has to have died. Could you please clarify when I qualify for his benefit? Do I get the full amount or half? Do I get mine plus the amount that would bring it up to his amount? I look forward to your response because when I look on Social Security's website it's unclear and like a foreign language.
A: The general rule is that you are eligible for a spousal benefit to the extent that your own benefit is not greater than half of your ex-spouse's benefit at the ex-spouse's full retirement age, said Joe Elsasser, a financial planner, author and creator of Social Security planning software. (You also have to have been married at least 10 years, be at least 62 and be unmarried, though there are some minor exceptions, according to the Social Security Administration website.)
"One place where SSA offices get this wrong is that they will tell people their own benefit is higher than half of their ex's, so they don't qualify for a spousal benefit," Elsasser said. But if you were born before Jan. 2, 1954, that's not correct, he said. Under new rules within the recent federal budget legislation, people born before that date still have the option to file a restricted application at full retirement age and request only their spousal benefit, he said, switching to the benefit associated with their own work record when they reach age 70.
Q: I'm 60 and got my earnings report from Social Security a few months ago. It shows an eight-year stretch that is incorrect, shorting my earnings by around $175,000. This will reduce my monthly income about $300 a month for the rest of my life. Social Security said it's on me to show proof with W2s. I've tossed records after seven years as a practice and realize now that's bad advice. Got any ideas?
A: Workers generally have a two-year window to make sure their earnings record is correct, Elsasser said. Try going to your former employer to see if they still have the payroll records, and go back to Social Security and ask what kind of documentation you might be able to pull together to prove your earnings history.
Q: My husband, 62 and turning 63 in January, recently was diagnosed with stage IV lung cancer. I am 53, work full time, and we have a 14-year-old son, who I am now the sole caregiver to. As I understand it, SSA Disability cannot be applied for until my husband has been out of work for five months. But because he is already 62, he could apply for regular SSA benefits now. My question is about timing. We have no prognosis, but his condition is serious and requires oxygen 24/7. I have historically been the higher income earner, but I'm 10 years younger. What could I expect if we filed for benefits for him now, versus waiting until his next birthday?
A: The key factor here isn't about a few months' difference in filing now versus his next birthday, Elsasser said. You are the higher wage earner, and his life expectancy has been cut short, so maximizing your own benefit in the long run will benefit your family most, he said. "I would go ahead and file for his benefits now and see what they qualify for," he said. Depending on the size of your husband's benefit, he may be able to claim a disability benefit, along with a disability benefit for your son, he said. Meanwhile, your benefit won't be affected if he claims early, Elsasser said. "None of the new Social Security claiming rule changes affect widows' benefits, so her strategy if he dies should be to take a widow's benefit at age 60, then claim her own benefit at age 70," he said.
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