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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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The husband has been receiving social security benefits past

Customer Question

The husband has been receiving social security benefits for the past 8 years ( age 62 ), his wife plans to sign up for benefits this year at age 62. The husband who receives the higher benefit and will continue receiving the higher benefit even if his wife waited until age 66, upon the death of the husband, can the wife at that time change to receive her husbands benefit and drop hers?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

The husband has been receiving SS for 8 years, and he is only 62. Is he disabled?

Customer: replied 1 year ago.
The husband is 70 years of age, can my wife receive benefits at 62 and upon my death, drop her benefits and claim mine. The husband benefits will be more than his wife even if she should wait to age 66 to receive.
Customer: replied 1 year ago.
The husband is 70 years of age. I thought that I was clear in asking that if my wife files for benefits at 62,upon my death can she later drop her benefits and collect mine which will always be higher even if she waited to the age of 66 to collect hers?
Customer: replied 1 year ago.
When do I getan answer?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Sorry, you left for so long and today I had to be in meetings much of day. I will be back in the office in about two hours, briefly, so I will review and respond then, unless I can get to it from my phone here, sooner. Ok with you?

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

Actually, the reason why it was unclear, husband's age, is that you specifically noted his age to be 62, not 70. You forgot to state that 8 years ago he was 62 when he started on disability. But no worries, I understand you now.

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

Ok, yes. Your wife can take a reduced benefit now, early, at 62. Should she survive you, she can collect a survivor benefit based on your work record. If she is at least full retirement age if and when she files for a survivor benefit, it will be 100%, subject to family maximum. If she chooses to switch to survivor before she is of FRA, it would be reduced for taking early. Taking early so subjects her to earnings limit.

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

OK, I am back now, so if you need any clarifications on the answer to your question, just ask! I'll be checking in at least one more time. Thanks!

Expert:  Stephanie O Joy, Esq replied 12 months ago.

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