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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13487
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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May I draw on my husband social security instead of my own,

Customer Question

May I draw on my husband social security instead of my own, he is living and drawing social
security. If I can how do I go about doing it. Thank you
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Are you presently collecting on your own?

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

How old are you?

What age were you when you started to collect?

Customer: replied 1 year ago.
Did you receive my answer
Customer: replied 1 year ago.
I am 70 years old and started to collect social security at age 62
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi again, and thank you for your patience. Here is when you can successfully file for a benefit based on your spouse's benefit. IF it will be higher than what you are collecting, YES, you can always switch to that higher one. The problem often is that spousal, being a max of 50% of his primary insurance amount, is usually NOT higher than our own. And your spousal would actually be less than 50% of his PIA because you opted to start collecting earlier.

That said! It could be that spousal is higher if you were not a worker much and perhaps were a stay at home parent or spouse - or if his is REALLY high, relatively. When you applied at 62, the SSA mandatorily would give you whichever you were eligible which was higher. But, if your H hadn't yet filed for his own, by the time you applied, you would NOT have been eligible for a spousal, so they never would have compared the too. If that was the case, I'd contact the SSA and find out what that spousal would be - you just never know!

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.

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