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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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My wife and I are now 70 years old. She started drawing her

Customer Question

My wife and I are now 70 years old. She started drawing her SS when she was 62. I started mine when I was 66. I found out today that she is eligible to draw 1/2 of the amount I draw and that it should be retroactive back to her 65th birthday. Is this correct?
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Spousal Social Security benefits are retroactive and can be paid via a lump sum when the file-and-suspend strategy is used. When this option is used, the couple can retroactively receive benefits from the time of filing. If this step is taken, the couple retroactively receives primary and spousal benefits that would have been paid out if they had been receiving monthly payments the whole time. Unfortunately since your spouse has been taking benefits the entire time then you cannot collect retroactive benefits. The spousal benefit and the normal retirement benefit do not stack, you do not get your retirement benefit plus your spousal benefit. You get the higher of the two. The are also options with file and suspend and restricting benefits that can happen but that election happens at full retirement age. So no, since she has taken her normal ss retirement benefit she is not eligible to receive retroactive benefits. If the 50% of your benefit is higher than her benefit then you can take the spousal benefit instead.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further question? I want you to be satisfied with my service, so please let me know.