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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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Happy 4TH OF jULY! Facts: I'm 74, soon to be 75 in

Customer Question

HELLO, happy 4TH OF jULY! Facts: I'm 74, soon to be 75 in Sep2016. My husband is 61, will be 62 in Nov 2016. He said, he will be able to apply for his benefits at age 62, but he will defer collecting his pension from SS. Now, he'd been contributing to SS since he was in the military and in private service but now he is back in the federal civil service job. and usually max out his contributions every year. When he files for his SS, as he said, will I be able to collect (as his wife, we'd been married for 38 ( 39 coming Labor Day) yrs, after his funds? Or even if he does not file or apply for his benefits? I do not have SS because I did not have enough quarters, as SS told me. However, I am a civil service retiree and collect a small pension every month. So, do I have a chance or just forget it. YOUR RESPONSE WILL BE GREATLY APPRECIATED!!!!!! God bless you and HAVE A GOOD 4TH of July!
Sincerely,
Emiliana McKinney (email: "*****@******.***")
Submitted: 5 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 5 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 5 months ago.

OK, your H at age 62 can not "file and suspend" to allow you to take a spousal benefit. Rather, suspending is not available unless one is of full retirement age. Moreover, with the newer law of 2015, in effect by 5/1/2016, any suspensions of one's own benefit (his) will also suspend all of his dependents (spousal). So this option is off the table. When he eventually files and collects his own SS benefit, then you can file for any spousal amount you are eligible for. (Note that if you have a government pension, you may be subject to the GPO, Government Pension Offiset, which prevents us from taking 2 full government pensions, under many circumstances, similar to how to people with SS work records who are married can't take both their own plus their spousal - must pick. But that is an entirely different issue - just one to look into.)

Expert:  Stephanie O Joy, Esq replied 5 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy 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.

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