How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
15277592
Type Your Social Security Question Here...
LawTalk is online now
A new question is answered every 9 seconds

My birthdate is 03/28/1948. I will start SSI 10/30/2016.

Customer Question

My birthdate is 03/28/1948. I will start SSI 10/30/2016. Married for 30 years, my wife and I live and work in the US. My has correct documents but is still a Canadian citizen. Can she collect SSI off of Mine?
Submitted: 10 months ago.
Category: Social Security
Expert:  LawTalk replied 10 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. 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. Have you and your wife resided in the US for at least 5 years uninterrupted?

2. Does your wife have a green card?

Doug

Customer: replied 10 months ago.
1. Yes I am a government employee 33+ years. we have been married and living in the US for over 32 years.2. Yes
Customer: replied 10 months ago.
P.S. My E-mail is***@******.***
Expert:  LawTalk replied 10 months ago.

Did you pay social security taxes during your government career? Many government employees do not and are not eligible for social security.

And, just so we can keep things straight, SSI is NOT social security but a welfare benefit. I presume you mean that you will be getting social security retirement benefits, yes?

Customer: replied 10 months ago.
I have paid social security retirement benefits while I had a break in service. social security retirement benefits, yes? Correct.
I am now Civil Service Retiremant System (CSRS) offset, so I now also pay social security retirement benefits. Therefore my question is can my wife, Canadian 30+ years with documents collect a percentage of my social security retirement benefits, yes?/or no?
Customer: replied 10 months ago.
Expert:  LawTalk replied 10 months ago.

Good evening,

Yes, she may file a spouse claim with social security and she will receive up to 50% of the value of your social security pension AFTER your government pension is offset from your social security benefit entitlement.

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 be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Customer: replied 10 months ago.
I understand in 10/31/2016 or another date I can apply for social security retirement benefits, then not collect until I retire from fed gov around 2020, and my wife will receive up to 50% of the value of my social security pension at (10/31/2016) before I retire. Please advise.***@******.***
Expert:  LawTalk replied 10 months ago.

Good morning,

Based on your date of birth you are presently 67 years old. If you are going to file and suspend so your spouse can apply for a spouse benefit, then you MUST file and suspend no later than April 30, 2016. After that date, NO ONE will ever be able to file and suspend again for that purpose. You can file and suspend now if you want and your wife can apply for her spouse benefit as soon as she is 62, or at any time after that.

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 be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Related Social Security Questions