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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13521
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Am I eligible to collect off my husband's social security

Customer Question

Am I eligible to collect off my husband's social security when I retire in Feb. 2016 even though he is still working full time and collecting social security.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

How old will you be in Feb. 2016?

Customer: replied 1 year ago.
64 yrs
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, here is how it works. You CAN file for benefits, because you are over 62.

However, there are some factors that can effect.

1) Because you'd be filing 'early' (before your full retirement age (FRA), whatever you collect will be discounted by 15% or so.

2) When you file, because you are under FRA, you will automatically be filing for and collecting the benefit that give you the highest amount, be it on your own record or your spouses. So, if your own amount is more than your spousal amount (which will be less than 50% of your spouse's primary insurance amount), you will get your own (discounted, as noted above, for early taking.... to be continued...

Expert:  Stephanie O Joy, Esq replied 1 year ago.

3) If spousal IS higher than your own, then you are required to take it - BUT, that amount is made up of payment of your OWN benefit, plus the spousal "boost". Thus, you are no longer able to allow your own benefit to grow to its full amount at your FRA (had you waited), nor can you decide to get "delayed retirement credits" (DRCs) by waiting til age 70 to collect, thereby growing your benefit an additional 32% beyond your full age benefit amount.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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Expert:  Stephanie O Joy, Esq replied 1 year ago.

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