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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I was told that I can request spousal benefits in January of

Customer Question

I was told that I can request spousal benefits in January of 2016. My husband is deceased and I will turn 66 in 2016. I will continue to work. I have been told that the latest budget change out of Washington has changed the rules for spousal support. Will I still be able to get a portion of his SS benefit?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning, my name is***** and I am an SS attorney.

With regard to your post:

"I was told that I can request spousal benefits in January of 2016. My husband is deceased and I will turn 66 in 2016. I will continue to work. I have been told that the latest budget change out of Washington has changed the rules for spousal support. Will I still be able to get a portion of his SS benefit? ------ There has been no change that is relevant here, no. However, can you tell me: Your deceased spouse's primary insurance amount. vs. your own: Do you know what each one is (or a ball bark figure?)

Customer: replied 1 year ago.
My husband's amount will be a little over 1,400.00. I do not not have my figure
Customer: replied 1 year ago.
What I had planned to do is to receive his benefits until I was 70 and then take mine.
Customer: replied 1 year ago.
Ms. Joy,Are you still there?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, one minute please

Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, yes, if your own benefit, primary insurance amount, if delayed til 70 will be greater than 100% of his benefit of $1400, then typically you will want to make sure you do what has to be done to max out yours so at 70 you can take it. ...

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Now, you can't get "spousal" benefits but you can get "survivor" benefit (i.e. widow benefit). And, you don't need to wait til full retirement age, but any age over 60. BUT, survivor will be reduced if taken before FRA. So, you can take it NOW, until 70, (barely reduced) while allowing YOURS to grow, if yours will be the better bet. Even if yours is not, there is nothing to gain by waiting PAST FRA to take a survivor benefit, since it will now grow by waiting past FRA. But it would be permanently reduced if you take before FRA.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Note that you can get survivor benefit option even if you remarry now, since you are over 60. But again, your big open question is whether your own benefit is something you want to switch to at 70. Plenty of time to determine that, since you still would have no reason to wait past your FRA to collect spousal.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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If there's more I can do, please use the reply tab and let me know how I canbe of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate mehighly and provide me with feedback. And thanks for understanding how we receivecredit from the Site for contributing our time here!

Sincerely,

StephanieO. Joy, Esq. – Your Online Legal Professional

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