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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Iam 62 drawing disability social security. If i get married

Customer Question

Iam 62 drawing disability social security. If i get married to man who is 65 and still working, can I draw social security off him also?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, first, please know that the SSA does not allow us to collect more than one benefit at a time. So, you can't collect both, but you can pick the higher of any benefit type you are eligible for.

if you get married to a person, and that person files for his own benefits (or filed and suspends payments of them), you may file for a "spousal" benefit. However, because you have flled "early" (i.e. not waiting for your full retirement age), these spousal benefits will also be reduced. (They are 50% of his PIA at the highest, but can go as slow as 35% if you take early at 62.) Your own reduced benefits are likely about 70% of what your primary insurance amount would be if you'd collected at your FRA. And a spousal benefit may be reduced to as much as 35% of your spouse's primary insurance amount.

If you waited til your FRA to collect the benefit (either) that is how you get your Spousal benefit to be its max at 50% and your own benefit to be as high as 100% of your primary insurance amount. Some people wait til their FRA, then collect spousal ONLY until age 70, then switch to their own benefit. They do this if the max that can be had on their own benefit at 70 is more than the max they can get from a spousal benefit, by waiting til FRA.

Of course, sometimes we have financial issues, and can't work to support ourselves, and have to collect at 62. But as you can see above, collecting at 62 severely damages your benefit rate for the rest of your life, so it may be worthwhile to see if you can change that.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

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