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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35374
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 gets $1245 per month from SS. I get 330 in SS

Customer Question

my wife gets $1245 per month from SS. I get 330 in SS benefits plus I get a state of Ohio pension of $2411 per month. Based on these figures, am I eligible for spousal benefits.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good morning,

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

Unfortunately, when you receive a pension from an employer who did not withhold or pay social security taxes on your behalf as an employee, then any benefit you get from social security will be decreased by about half of the amount of that government pension you receive.

As a spouse benefit can never be more than half of what the worker spouse receives---in your case the maximum spouse benefit would be half of $1,245, or $622.50-----because half of your government pension would be about $1,200, and $622-$1200 is a negative number, you would not qualify for a spouse benefit from social security. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you and your wife the best in your futures,

Doug