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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35744
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Retired early and signed up of social security benefits. at

Customer Question

Retired early and signed up of social security benefits. at present time I am receiving $154.00 after medicare deduction. have been working part time for almost 8 years and paying into social security. will my benefits always stay low and only receive small increases each year?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you presently married, divorced or a widow/er?

2. What is your present age?

Doug

Customer: replied 1 year ago.
Am divorced and will be 73 on December 23rd
Expert:  LawTalk replied 1 year ago.

Hi,

Were you married for more than 10 years, and is your ex either deceased, or over the age of 62 at the present time?

Do you know how much retirement benefit your ex is receiving from social security?

Doug

Customer: replied 1 year ago.
was married 31 years. have been divorced 9 years. she never applied for my social security benefits as she is getting disability social security. she is now 58 years old and getting half of my postal retirement. I have to work to survive.
Customer: replied 1 year ago.
served with divorce papers two days after retirement from postal service. she had everything planned out. I couldn't go back to work for the postal service. have been working for wal mart and Sam's Club for the past eight years
Expert:  LawTalk replied 1 year ago.

Hi,

Do you have any idea how much her disability payment is from social security?

Customer: replied 1 year ago.
Don't know how much her benefit is, she told me that it was more than my benefit
Expert:  LawTalk replied 1 year ago.

HI,

Thanks for the additional information. I hope that I have some good news for you.

Alright, here is what you can do. As an ex-spouse of someone who is receiving social security disability, and who will ultimately receive a retirement benefit, you are entitled to make an ex-spouse claim based simply on the fact that your ex is receiving disability benefits from social security.

The maximum that an ex-spouse can get is 50% of the other spouse's benefit, but because you retired early your actually ex-spouse benefit will be a bit less than 50%.

However, because you presently receive so very little from social security there is a significant chance that by making the ex-spouse claim that you will be able to increase your benefits immediately from social security.

What you will need to do is get a copy of your marriage license, a copy of your divorce decree and take those documents along with both your and her social security numbers to the local social security office. They will process your ex-spouse claim and tell you if you will get more money by making the ex-spouse claim. As I said, I believe there is a strong chance that you will get more money.

Here is a link to a document that outlined your ex-spouse entitlement from social security based on your ex receiving a disability benefit from social security. Once you get this new, higher benefit it will continue at that level for the rest of your life, or until your ex dies (if she passes before you do), in which case if you are not remarried when she passes, you will be entitled to a survivor benefit equal to 100% of the amount that she was receiving from social security at the time of her death. http://www.disabilitysecrets.com/resources/disability/filing-disability/benefits-for-spouse.htm

You may reply back to me using the Reply 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 so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
She is receiving half of my postal retirement. but I have to pay for survivor benefits out of my half of retirement. I get less pay from both retirements. she did not work long enough to get retirement benefits from Bay County Schools
Expert:  LawTalk replied 1 year ago.

Hi,

I empathize with the financial situation that you find yourself in. You asked about social security issues and I think that I have given you the information that you need to seek a higher benefit award. You will need to apply to social security for an ex-spouse benefit based on her receiving disability.

The fact that she is receiving half of your retirement or that you have to pay for survivor benefits was all a matter of your divorce decree and this has nothing to do with the issue of your entitlement to an ex-spouse benefit based on her receipt of social security disability.

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

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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