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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 16580
Experience:  Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
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I was divorced 12 years ago from a civil service employee of

Customer Question

I was divorced 12 years ago from a civil service employee of 25 years. We were married 33 years. He was able to claim my Social Security. I received half of his retirement amount but had to sign a form that states I won't receive it if he should die first. He also received military retirement which I did not claim. Now he has had knee surgery and the military gave him a 30% disability. Now he wants to claim disability on my social security. We are both 71 and retired. Can he claim disability on my Social Security earnings if his disability happened 10 years after the divorce?
Submitted: 1 year ago.
Category: Social Security
Expert:  Megan C replied 1 year ago.

Thank you for your question

At age 71, you cannot even get social security disability. No worries, he will not get anything additional off your earnings record. You can get retirement, or disability but not both. Once you get retirement, you are ineligible for disability.

Please let me know if you have any further questions. If not, please rate positive.

Customer: replied 1 year ago.
Megan, thank you for your answer. What is the cut off age for disability on Social Security? I had a conversation with him briefly and think he might be claiming disability for the asthma he has as a result of serving a deployment with the NM Air NationalGuard in Turkey and breathing the oil fires there during late 1990's. He would have been in his late 50's at the time. We were divorced in 2003. I don't trust him ....
Expert:  Megan C replied 1 year ago.

It's 66 -- and even if you applied before then, it would stop at that age. Do not worry -- anything he would draw off your benefit would not actually reduce what you receive personally.

Please let me know if you need anything additional. If not, please rate positive.