How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask dylatess Your Own Question
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
Type Your Social Security Question Here...
dylatess is online now
A new question is answered every 9 seconds

My husband is a pastor who has a 4361 status. I work full

Customer Question

My husband is a pastor who has a 4361 status. I work full time and will qualify for Social Security and Medicare at retirement. We'll be married over 20 years. Will he qualify for Social Security and Medicare through me?
Submitted: 1 year ago.
Category: Social Security
Expert:  Angie replied 1 year ago.
No he will not. By signing the 4361, he stated that he was religiously opposed to Social security. This makes him ineligible
Customer: replied 1 year ago.
Is he also ineligible for Medicare?
Expert:  Angie replied 1 year ago.
Yes, the self employment tax that the 4361 exempts him from paying is made up of both Social Security and Medicare. There is a revocation form that he can file to revoke his exemption if he wishes to change that. But then his salary and any housing allowance would be subject to self employment tax of 15.3% (as well as federal income tax on the salary)
Customer: replied 1 year ago.
Everything I read said his decision is irrevocable. What form are you talking about?
Expert:  Angie replied 1 year ago.
The form is a 2031 form, however I was unaware that they only have "windows' to allow revocation. The last window seems to have been over 15 years ago. It seems it requires a literal act of Congress for the window to reopen...I apologize for not looking more closely at that.