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SPOUSAL BENEFITS WHERE SPOUSE HAS DISABLED CHILD

Discussion in 'Social Security, Disability & Health' started by CAILY, Jan 14, 2017.

  1. CAILY

    CAILY Law Topic Starter New Member

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    I'm the 2nd wife of a man who has a disabled son from his previous marriage, and the son has been receiving SSI for many years. My husband is 72 and I'm 65. I have been collecting my own SS benefits for 3 years and recently inquired about Spousal Benefits. Found out I've had approved Spousal Benefits all along, but with no extra money other than from my own record, because of his disabled child who lives with his mother. Is there anything I can do where I can receive more money from Spousal Benefits or another Benefits program, on top of my own earnings? And/or, could I at least get help with Medicare monthly payments because of this situation?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I recently inquired about spousal benefits, too, and learned that you would be limited to half of what your spouse gets. So if you are already getting an amount equal to, or higher than, half of what your spouse gets, you wouldn't get any more money anyway.

    You can verify this with the SSA.
     
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  3. CAILY

    CAILY Law Topic Starter New Member

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    Thanks for your reply. Apparently, it's more complicated. If anybody in the "family" earns SSI, that amount is counted in. I don't really understand it all, but that's what they told me. If it weren't for his son receiving SSI, I would definitely be collecting more from usual spousal benefits.
     
  4. army judge

    army judge Super Moderator

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    It's very simple, once you've reached your full retirement age.
    You can receive SS retirement benefits based upon your earnings, or your spouse's earnings.
    If you've been married more than once you'll receive the greatest benefit from any of the applicable funding sources.

    You don't get to draw benefits based on YOUR earnings, and your spouse's (or former souses') earnings, however.

    As suggested, contact www.ssa.gov for more complete details.
     
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  5. Kit Cat

    Kit Cat New Member

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    I think you are bumping up against the "maximum family benefit" rule.

    As far as I know:
    1. Depending on your economic situation, you may be eligible for funds through SSI.
    2. Depending on your economic situation, you may be eligible for medicare savings program
    3. If you have been married more than ten years, you can get divorced and collect full spousal benefits.
    That's all that comes to mind. Let me know if you want more info on any of these.

    I am also wondering if it is possible for you to withdraw or suspend your spousal benefits. They are not helping you any, and there is a possibility they could be making the child's check go down.
     
    Last edited: Jan 14, 2017
    CAILY likes this.

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