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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13563
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I am 60 year old and I am going to retire at the end of this

Customer Question

I am 60 year old and I am going to retire at the end of this year.I need to know if my wife who is 67 years of age could apply for my social security . she was a teacher and she is getting teacher retirement .is there any form should I feel out before the end of march
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?
Customer: no
Submitted: 8 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 8 months ago.

Hi, my name is***** have been practicing SS LAW full time for 10+ years and look forward to assisting you.

Expert:  Stephanie O Joy, Esq replied 8 months ago.

OK, a spouse is not eligible for a spousal retirement income based on the other spouse's work history if the other spouse has not yet applied. Because you are not yet 62, you are not yet eligible yourself to apply, and so that is out for now.

Expert:  Stephanie O Joy, Esq replied 8 months ago.

Now, with regard to your wife LATER applying for a spousal benefit, as you may know, no one is allowed to collect both their own full retirement from the government and a spousal. This applies to both teachers with that kind of government retirement as well as the rest who worked for another kind of retirement benefit, such as social security. However, we can take the largest amount and or some how otherwise had our amount adjusted, but never reduced below the amount of the largest. THis is because they want all spouses treated similarly and to ensure that the "dependent" aspect is maintained. In your wife's case, her potential spousal SS on your record would be reduced by 2/3 of her pension. If her pension is very, very small, she'd obviously get some SS as well, but if her pension is substantial, it would likely cause no SS (due to that 'dependent' issue).

Expert:  Stephanie O Joy, Esq replied 8 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you aredone. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 8 months ago.
Thanks This is very helpfull
Expert:  Stephanie O Joy, Esq replied 8 months ago.

You are welcome. Please don't forget to rate by clicking the 5 stars!