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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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My brother has not worked 15 yrs due to illnesses

Customer Question

My brother has not worked for over 15 yrs due to illnesses but has never been found disabled. Now he has final stage renal failure. His wife works....they are both 61. Can he receive any benefits through her benefits, and if so, does he have to wait until he or both are 62? Thanks so much for your assistance....we have been going crazy.
Submitted: 8 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 8 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Yes, but he has to be 62 and she has to have elected to take her SS retirement benefits. The thing is that this spousal benefit is subject to the early retirement penalty and instead of 50% at age 62 it will be reduced to 32.5%. Also he would be deemed to take his normal retirement benefit at the same time and these benefits do not stack. So if his retirement benefit is larger than the spousal share, then he would simply receive his retirement benefit and nothing from the spousal share. Again, these benefits do not stack unfortunately. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 8 months ago.
Just checking back in, do you have any further questions?