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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Both my spouse and myself are over 70. s Social security is

Customer Question

Both my spouse and myself are over 70. His Social security is 1913.00 after medicare tax, Mine is 1435.00 after Medicare is taken. Am I eligible to draw a spousal benefit?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Fran,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

While you are eligible for a spouse benefit, it will not do you any good to apply for it because your spouse benefit would be at most 50% of the benefit that your spouse was eligible to receive at full retirement age (66). Based on the cost of living increases over the past 5 to 10 years, your husband's full retirement benefit, if he is getting $1900 today, was probably about $1500----meaning that if you took a spouse benefit you would only get about $750 per month---much less than you are already getting. So while you may be eligible for a spouse benefit---you don't want to apply for it as it will not give you more money.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

Customer: replied 1 year ago.
Your answer is still confusing. All the examples on SS.Gov and Kiplinger say the if a wife's benefit is $800.00, half of her husbands is 1200.00, then she would get her $800 plus $400 for a total of $1200.00 spousal benefit. It seems to me, using that formular that mine would be 1400.00 plus 1000.00 minus 400.00 to give me a total of $2000.00 give or take a little. Why am I still reading this wrong.
Expert:  LawTalk replied 1 year ago.

Good afternoon,

You wrote: All the examples on SS.Gov and Kiplinger say the if a wife's benefit is $800.00, half of her husbands is 1200.00, then she would get her $800 plus $400 for a total of $1200.00 spousal benefit. And that is correct. (Note that the spouse benefit cannot go above half of the other spouse's benefit).

You said that your benefit is already $1435. Your husbands is $1913. Half of his $1913 is $956.50. If you applied for a spouse benefit, it would never be more than $956. You are already getting MORE than that---so you will not get a spouse benefit.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Doug