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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34884
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am 63 years old. I began collecting my Social Security when

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I am 63 years old. I began collecting my Social Security when I turned 62. My ex-husband (we were divorced after 29 years of marriage) turns 65 in October. Can I collect my SS based on his earnings since they are more than mine?
Good morning,

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

You could have made an ex-spouse claim to begin with---at age 62---so long as you were married 10 years or more, divorced at least 2 years and not presently remarried. You do not have to wait until he takes his benefit unless you have been divorced less than 2 years from him.

Yes, you can, and should apply for your ex spouse benefit. If the SSA determines that you should be getting a higher amount, you should also be able to get retroactive amounts going back six months, as well. Six months is the maximum anyone may seek a retroactive retirement benefit though---even though you might have been eligible for it at age 62.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

LawTalk and other Social Security Specialists are ready to help you
Thank you for your positive rating of my service, Elizabeth. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

Thanks again.


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Customer: replied 3 years ago.
Thanks! I am going to the SS office tomorrow to change benefits. Will send you info later about the outcome.