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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37833
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I just made 70 and applied for SS benefits. I also asked for

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I just made 70 and applied for SS benefits. I also asked for dependent benefit for my wife. I was told that her benefit was capped at 1/2 of what I was entitled to at age at my full retirement age of 66, not 1/2 of what I am going to receive at my present age of 70. Is this correct

Good afternoon Mr. Nakano,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I empathize with the disappointment that you and your wife must have, in being told this about the spouse benefit.

I'm afraid that it is true that your wife's spouse benefit is capped at 50% of your full retirement benefit (from age 66) and that she won't get any credit for the increase in your pension that you receive by nature of you having postponed your retirement the additional 4 years, to age 70.

However, if your wife survives you, she will be entitled to a survivor benefit and that benefit will be 100% of the benefit you are receiving on your death---and which will thereafter include the increased value based on your delaying your benefit.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.


LawTalk and 2 other Social Security Specialists are ready to help you
Customer: replied 3 years ago.

Is it possible for my wife who claimed benefits at 62 and is now 65 suspend her benefits and take 1/2 of my since I just made 70 and will be collecting starting next month. Will this increase her benefits when she makes 70?

Good evening Mr. Nakano,

While your wife can take a spouse benefit as soon as you begin collecting yours, she will not get 50% but a lesser amount because, as you just informed me, she first took her own benefit before her full retirement age. If she started her benefit at age 62, then by converting to a spouse benefit now, she will receive just 35% of your full retirement age pension. She will not ever be eligible for a larger spouse benefit. I'm sorry.

However, as I mentioned, she will get 100% of your retirement benefit as of your death if she survives you.

You may reply back to me again if you have additional questions, and I will continue to assist you.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.

Thanks again.


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LawTalk and 2 other Social Security Specialists are ready to help you