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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13506
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My x wife is filing she will be able to draw in june this

Customer Question

my x wife is filing for ssi she will be able to draw in june this year at 62 we were married for 16 + years we have one adult son from the marriage 30 years old now. we divorced in 05 Nov..she has not remarried. i have not remarried. i just was awarded Disability benifits monthly in June of 2015. she was married previously prior to our marriage with 3 children from the marriage for over 10 years can she draw from him ? or me ? and will she be eligible for higher payments if she is eligible to draw from me ? currently in receiving 1892.00 per month. they told her drawing on her own merits she would recive $876.00 per month id think she should receive much more drawing from my credits ? let me know please what our options are ? thank you
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

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

Hello to you too. I am working on your question now, be right back!

Customer: replied 1 year ago.
If i dont get oe receive a effective helpful answer im declining payment
Customer: replied 1 year ago.
Ok, thanks i am waiting its just last night the site said i could have a answer in 10 minutes or less i think its somewhat deceiving. thank you
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Patience please, Terry. Why would you suggest such a thing? I am a professional, please read above. And my job here is to give you ACCURATE answers, whether they are helpful to you depends on whether the law in effect is helpful to you. I don't change the law, I only report it and work with it. Are we on the same page here? Your answer is nearly complete, but I really don't want to post it if you have unreasonable expectations.

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

I wasn't here last night, and I don't know why they say that, unless they say, "often, you can get an answer in 10 minutes" - which is true if I am available.

Customer: replied 1 year ago.
I apologize, no its fine. we are on the same page i understand. its not me suggesting anything its what ask .com claims.... everything is good here thanks Stephanie
Customer: replied 1 year ago.
this is their claim... but i understand. i promise to be more patient Stephanie.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

With regard to your post:

"my x wife is filing for ssi she will be able to draw in june this year at 62 ------ OK, I think you mean she can file for social security retirement, not SSI (SSI is a welfare program for the poor, old or disabled).

"we were married for 16 + years we have one adult son from the marriage 30 years old now. ---- OK.

"we divorced in 05 Nov..she has not remarried. i have not remarried. i just was awarded Disability benifits monthly in June of 2015. ------ OK.

"she was married previously prior to our marriage with 3 children from the marriage for over 10 years can she draw from him ? ------ This first ex may very well be a source of eligibility for spousal benefits (divorced spousal benefits, yes)

"or me ? -------- She is also eligible under your work record as well. As such, if she is resorting to spousal benefit, she will pick the biggest amount she is eligible.

"and will she be eligible for higher payments if she is eligible to draw from me ? -------- Then logic says she will seek a benefit based on your work record, yes. Of course, at 62, if her own work record provides her with greater benefits, SSA requires that she take it.

"currently in receiving 1892.00 per month. they told her drawing on her own merits she would recive $876.00 per month id think she should receive much more drawing from my credits ? ------ Hmm, if the amount will be 35% of your PIA (primary insurance amount) and IF your PIA is your 1892, then her own will be greater at 876 vs. 662. But if she waits til her FRA (full retirement age), she can get 50% of your PIA, or $946. Waiting til at least one's FRA is always ideal.

Now, note that if she didn't collect until 70 (meaning, collect NOTHING), her own of 876 would grow by 32% to 1146. But of course that higher benefit rate comes at the price of no benefits at all until age 70.

Also, if one of her previous spouses passes away, she can file for a survivor benefit, the amount of which will depend on what age she decides to start collecting it, but it can be as much as 100% of either of yours.

(You can do that also, should she predecease you.)

let me know please what our options are ? thank you

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

Thank you for your patience Terry. I know it is harder when you don't even know if a live body will be showing up!

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 gottenanything less, please reply back, I amhappy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 1 year ago.
do i understand please help to clarify for me she only gets 35% of my benefit ? 1892 and yes you are right its not ssi she worked all her life. but she is eligible to draw off her previous husband also at 35%.. Really they only allow her 35 % of either one of us ?
Customer: replied 1 year ago.
I just was waiting for clarification on my follow up before i submit payment.thanks.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

No problem, be right there.

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

Yes, unfortunately, for any of us, we get our full due amount IF we don't collect until we are actually of full retirement age. But if we decide we want to collect MORE months of benefits (by taking many months early, in her case, 48 extra monthly payments), we can, but the amount per payment must be reduced because it is the same amount of overall money, just stretched thinner due to paying out longer (more months).

So a spousal is typically about 35% instead of the 50% if we take at 62 instead of 66+. If she waited until 63, 64, 65, etc., the reduction would not be quite as severe.