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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My wife is currently drawing railroad retirement benefits based

Customer Question

My wife is currently drawing railroad retirement benefits based on my railroad work history. She has been told now at age 66 she should be able to drawn on her own social security benefits. Is this true? Her earnings were small when she retired under railroad retirement at age 60.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Yes, your wife is eligible to claim her full retirement age social security pension as of age 66.

And yes, she may draw both the social security retirement benefit, and her railroad pension.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.
I don't need more info but maybe help you out. I checked further and found out your answer was partly correct. Any social security Benifit would be deducted from my spouse's teir 1 railroad payment. It would only be helpful if my wife's earnings were at a higher level. She gains nothing at her income level.
Expert:  LawTalk replied 1 year ago.
Good afternoon,

Thanks for the additional information,

You are of course correct---the social security benefit acts as an offset to the Tier 1 benefit, and in certain circumstances can result in no net gain, but in order to determine that I would have to know what each benefit would be.

I apologize if I misunderstood your question---I thought that you only wanted to know if it was possible to collect both a railroad spouse pension and a social security retirement benefit at the same time.

Have a great evening,

Doug

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