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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13435
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have been divorced for over ten years. I live on a modest

Customer Question

I have been divorced for over ten years. I live on a modest pension from OPERS. My former husband has a thriving business and I would like to claim his Social Security benefits. He is now 64. Can I do this?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?
Customer: I tried this once before but was turned down. I didn't understand why and they (SSA) said it was because he was too young and had not applied for benefits. I've talked to many people who are in a similar situation and they are receiving benefits for the same situation. It has been over two years and he is now over 62. Can you help me?
Submitted: 3 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 3 months ago.

Hi, my name is***** have been practicing SS LAW full time for 10+ years and look forward to assisting you.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

Are you an Ohio state retiree?

Customer: replied 3 months ago.
I retired from Summit County. I graduated from Akron State University.
Expert:  Stephanie O Joy, Esq replied 3 months ago.

I will assume so unless you tell me otherwise, OK?

If you were married for at least 10 years, you are eligible or a divorced spousal benefit. Howev

I am sorry, I am not in a location where I can speak.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

However, yes, while he need not have applied for his own, he must be at least 62. Which he is.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

You can apply. It is likely, though, that your own government pension will implicate the GPO.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

Government Pension Offset. This means that to the extent of your own government pension, you will be reduced in your spousal somewhat.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

Since you say your own pension is low, it may be that you have "some" spousal left. They may take 2/3 of your government pension, the amount, and subtract it from your spousal - and you get the balance of your spousal.

Expert:  Stephanie O Joy, Esq replied 3 months ago.

For those with a decent government pension, they may have no spousal, but if yours is low, you may have some. There is NO cost or reason NOT to apply for your spousal - to see what you may get, even if reduced.

Expert:  Stephanie O Joy, Esq replied 3 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.

Your online SS legal resource!

Customer: replied 3 months ago.
My pension from OPERS is $300.00 per month. I can't live on that. I am now 72 and have had health problems.
Customer: replied 3 months ago.
That's what I was told before. That my OPERS pension would offset his SS. I don't care if they reduce my benefit by the amount I get from SS, since it is so low.
Expert:  Stephanie O Joy, Esq replied 3 months ago.

No, it is the other way around: Your SS gets reduced by 2/3 of your OPERS, so your divorced spousal benefit can be reduced by 2/3 X 300 or by $200. Now, if you take your d.spousal benefit early, like now, at 64, it will be a gross of LESS than 50% of your ex's primary insurance amount (PIA). But if you wait til you are actually of normal retirement age (66+), you will be eligible for a gross of 50%, from which the GPO $200 may be taken.

If you worked yourself and paid SS taxes, you may be eligible for SS benefit on your OWN record.

And, lastly, if your ex passes away, you are then eligible for a divorced widow benefit on HIS record - it can be as much as 100% of his PIA if you don't start it til you are of normal/full retirement age.

Expert:  Stephanie O Joy, Esq replied 3 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.

Your online SS legal resource!