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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13284
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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O. JOY Esq. Just got off the phone with social security in

Customer Question

Stephanie O. JOY Esq.
Just got off the phone with social security in Birmingham, Alabama; Sonya..(I live in TX) My husband has filed for his social security so I filed for mine He is getting $2087 and he is 64 when I talked to the agent for me she said I would only get $607 The office in Plainview TX said I would get half of his which would be..... $1043.
Now he said he wants a divorce... so I have to KNOW for real...! This is my lively hood...
Now...part 2. My last husband is deceased (we were marriedfor almost 20 years) and I was told by the Plainview office when my divorce is final I can file on his full ss pay of 2400 and he was 45 when he died... Alabama said I had to wait till 66 to get his full pay and if I file when my divorce is final I will only get $1400. Plainview offce said $2400. The two offices said totally different things. Alabama said once I file it is permanent...What if it is their mistake ?
Submitted: 2 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Hi Sonya, nice to meet you. I'll be responding momentarily.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Part 1)

How old are you?

How much would your own SS benefit, if any, be, on your own record?

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Incidentally, I can answer all of these questions, and because you have been told incorrect things by the SSA clerks, if I can add appropriate citations for you to feel more secure, I will do just that.

There will be additional clarifications I may ask, as we go along.

Customer: replied 2 months ago.
My name is***** was the ss. clerk. I am 64. I get on my own $366. I was a homemaker and raised kids. I worked when needed.
Customer: replied 2 months ago.
6 kids lol.
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Oh, lol, sorry Dianne.

6 kids, you're a trooper. My 2 send me into a spin!

Customer: replied 2 months ago.
Sorry I am at work and cannot call.
Expert:  Stephanie O Joy, Esq replied 2 months ago.

"Just got off the phone with social security in Birmingham, Alabama; Sonya..(I live in TX) My husband has filed for his social security so I filed for mine He is getting $2087 and he is 64 when I talked to the agent for me she said I would only get $607 The office in Plainview TX said I would get half of his which would be..... $1043. --------- You only get a full 1/2 if you wait til your FRA of 66+. If you file for your own before then, you are permanently limted to about 8% less per year early.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

I didn't send the phone call invite - I generally don't offer them at that price, actually. That was the site. Feel free to ignore it, or if you want it, a colleague could potentially agree to do the call at that price. I'll just answer here, in the meantime, OK?

Expert:  Stephanie O Joy, Esq replied 2 months ago.

First, the 50% if based on his PIA, which is the amount he'd have gotten IF he waited til his own FRA to collect. But I think you said he is collecting early. So, if his PIA is bigger than the 2087, your 1/2 would be based on that bigger amount.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

So his PIA "could" be up in the 2400s somewhere. Making your 50% 1200 or so.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

But that is only if you wait.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

But, the 607 seems very low or inaccurate.

  • "If you start receiving spouse's benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if his or her benefits started at full retirement age. (The reduction is about 67.5 percent.) The reduction for starting benefits as a spouse at age

    • 63 is about 65 percent; [i.e 35% of his]
    • 64 is about 62.5 percent; [i.e. 37.5% of his]
    • 65 is about 58.3 percent; [i.e.41.7% of his]
    • 66 is about 54.2 percent; [i.e. 45.8% of his] and
    • 67 is 50 percent (the maximum benefit amount)." --- But your FRA is 66, not 67, so these numbers are actually better for you than here.

http://professional.justanswer.com/chat/index/c248698ba253411da60838b1371e3885#

Expert:  Stephanie O Joy, Esq replied 2 months ago.

If 2087 was his PIA, and not what he is getting paid due to reduction, you'd be about 730 by taking as early as 64 (and I am no math guru, so have your accountant do the math).

If 2400 was his PIA, then your spousal at 64 could be about 900.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

That link above should be: https://www.ssa.gov/planners/retire/retirechart.html

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Depending on how long you have been married, and what your marital assets and his future income looks like, never forego considering pushing for your fair share and fair support in this divorce.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

"Now...part 2. My last husband is deceased (we were marriedfor almost 20 years) and I was told by the Plainview office when my divorce is final I can file on his full ss pay of 2400 ------ Yes, if his PIA was 2400, as his surviving single spouse (or remarried AFTER age 60), you can get 100% of his amount if you are of full retirement age when you file for it. Taking it before your FRA results in that reduction.

"and he was 45 when he died... Alabama said I had to wait till 66 to get his full pay ------- Yes, this is true.

"and if I file when my divorce is final I will only get $1400. ------ $1400 does not seem to apply anywhere if your deceased husband's benefit amount is 2400. At worst, collecting it at 60, only cuts it to 71.5% of that amount, or 1716. AT 66, would be 100%.

"Plainview offce said $2400. ------- If you wait til 66+, it is his FULL amount, yes.

"The two offices said totally different things. Alabama said once I file it is permanent...What if it is their mistake ? ---------- Actually, applications can be withdrawn once a lifetime, if done within 12 months AND any received benefits are paid back. https://www.ssa.gov/planners/retire/withdrawal.html and http://www.investmentnews.com/article/20151019/BLOG05/151019919/the-social-security-survivor-benefit-do-over

Expert:  Stephanie O Joy, Esq replied 2 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – 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 aredone. 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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