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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 born in 1937. I have not applied other benefits

Customer Question

I was born in 1937. I have not applied for any other benefits because I was divorced. Someone has told me that I could apply for additional benefits from my ex husband's account (he is deceased). Is this true? Am I eligible? If so, how do I apply before this benefit gets canceled later this year?
Submitted: 9 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 9 months ago.

Hi, OK, the right to file for divorced spouse benefits is NOT going away - if those are bigger than what you are getting on your own record, and you are single, you can still file for them. This is NOT going away. You can go to your local SSA office to inquire of what your divorced spousal benefit would be, and if bigger than what you have not, file for it. It is also important to know that IF your ex passes away, and you are single OR remarried after age 60, you can file for a survivor benefit under his record. This can cause a great gain if his lifetime earnings was greater than your own, because you can collect 100% of HIS benefit, instead of your own. This type of benefit is ALSO not going anywhere.

What is going away is the right of a person to file for a "restricted application for spousal benefits only", even if it is smaller than what they can get on their own record. It used to be that those over 66 but under 70 could file for the first time, for ONLY spousal, so that their own benefit could grow untouched to age 70, thereby increasing by 32% due to the delayed retirement credits earned by not collecting for all those years. This won't apply to you because you have already been collecting AND you are over 70.

Expert:  Stephanie O Joy, Esq replied 9 months ago.

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Expert:  Stephanie O Joy, Esq replied 9 months ago.

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