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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2677
Experience:  associate attorney
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I applied SSS benefits which was suspended because I

Customer Question

I applied for my SSS benefits which was suspended because I am still working. My husband is unemployed, can he receive benefits from my work earned. I will be 63 this year.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Christopher B, Esq. replied 7 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. You should never apply for your SS benefit if you are still earning significant income and your benefit is not suspended at this point, it is being penalized $1 for every $2 earned over $15,720. If you are still within 12 months of your initial election, you can rescind your SS benefit as long as you repay the funds you earned. This rescission can only be done once in your life. At this point you are locked into your benefit having a permanent 30% decrease because of early retirement and you aren't even earning funds off this until you hit full retirement age or stop working. Your spouse starting at age 62 can receive a spousal benefit which is affected by the early retirement penalty and reduced to 32.5% (it is 50% at age 66). Also if your spouse takes the spousal benefit, he will also be forced to take his normal retirement benefit at the same time. He would not receive both benefits, only the higher of the two,. He cannot choose to just take the spousal benefit at this age. Because your benefit is being reduced, he also cannot receive a benefit until you are not longer affected by the earned income penalty. So yes, he can receive benefits but not until you receive an actual benefi and he will receive a portion of it depending on his age. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 7 months ago.
Just checking back in, do you have any further questions?