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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13564
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My husband is 5 years younger than me. We have both worked

Customer Question

My husband is 5 years younger than me. We have both worked and he would receive only slightly more than I would for the social security benefit. Can we both file separately and if he should pass away I could receive his benefit which is higher? I would file at full retirement age and he would file at his full retirement age when I am 71 years old.
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
If this helps. I am 59 years told and my husband is 54 years old.
Customer: replied 1 year ago.
I should clarify further. We will both file for SS at full retirement age (66 years 4 months for me ) and 67 years for my husband.
Customer: replied 1 year ago.
I will be 72 when my husband applies for SS.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, with regard to your post:

"My husband is 5 years younger than me. We have both worked and he would receive only slightly more than I would for the social security benefit. Can we both file separately -------- Yes.

"and if he should pass away I could receive his benefit which is higher? -------- Yes, you can and must apply for it though, it is not automatic.

"I would file at full retirement age and he would file at his full retirement age when I am 71 years old. " --------- That is fine. If you you are under your full retirement age, when you apply for survivor, you do not get 100% of his amount, but as low as 71% (if age 60). If you are at least FRA, then it would be 100%. And, if he hadn't started collecting at 67 but delayed tll 70, he would grow his amount by at least 24%, and you as survivor get that if you opt for survivor instead of your own.

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

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Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

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

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