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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13282
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My wife started drawing at 62. I started drawing the year

Customer Question

my wife started drawing at 62. I started drawing the year I turned 66. Can she start drawing spousal benefits now.
Submitted: 7 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 7 months 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.
Expert:  Stephanie O Joy, Esq replied 7 months ago.
If she is otherwise eligible for a spousal benefit, yes she can collect it. However, remember that we are only eligible for a spousal if it is higher than our own benefit that we are entitled to. It sounds like the SSA compared her benefit on her own record to her spousal benefit AMOUNT (which is LESS THAN 50% of your primary insurance amount) and found that her own benefit was higher - thus, they give her the higher one and she is not eligible to take a spousal benefit. She'd be getting less if she took a spousal.
Expert:  Stephanie O Joy, Esq replied 7 months 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 7 months ago.
I am not at home so I cannot give you are exact figures but I think I get about 1980 a mo. and she gets 840 so I am not sure I understand?
Expert:  Stephanie O Joy, Esq replied 7 months ago.
OK, so your PIA is 1980. If your wife's age 62 amount is 840, then her PIA is about 1120-1200. Her full spousal amount would be 1/2 X 1980 or $990, which is less than her own PIA of 1200. So her own amount will always be bigger than her spousal amount, so she can't take the smaller spousal amount.
Expert:  Stephanie O Joy, Esq replied 7 months ago.
Urgent! There is just one more step needed, so thank you for finishing up! Hello again. It is month end -Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:1) Follow up if clarification is needed on our above interaction/Q&A, OR2) Rate me highly if we are finished for the time being. If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here! Sincerely,Stephanie O. Joy, Esq. – Your Online Legal Professional

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