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Ask Stephanie O Joy, Esq Your Own Question
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 am 60 and just received my letter awarding SSDI of $2,400

Customer Question

I am 60 and just received my letter awarding SSDI of $2,400 a month. My husband started collecting early Social Security this year (at age 62) of $500 (he makes much less than I did. In light of the new law passed I have the following question:
Will my husband be able to collect on my record once he reaches normal retirement age (66) or is he stuck with the $500 since he made the early election?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Although this law still seems to keep changing, here is my understanding:

Yes, he CAN file for the bigger benefit once he becomes eligible for it. For him to be eligible for it, you have to have filed for SSR. You will automatically get SSR at your FRA (full retirement age), so 6+ years. However, his spousal will be made up of his reduced benefit plus the spousal boost. So if his primary insurance amount is 750 and his spousal would be 1200, his spousal boost is 450. Once he files for the switch, he can collect the $500 he reduced to plus 450 for his spousal boost, for 950. He will be 68 or so. Or, he can withdraw his current application since he is within 12 months of filing and pay back what he has collected and "redo" the decision - to file later and get the full 750 at his FRA, then two years later move over to spousal when he can for 1200 (750+450=1200).

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

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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