Ask Larry

Can I Collect Both My Disability Benefits And Benefits From My Ex-Husband's Record?

Dear Larry. I currently am on disability, I just turned 61. My spouse made more money than I did. What happens when I turn 62 next year. What happens to my disability?. Can I collect both or will I automatically start getting my Social security?

Hi. My answer assumes that your ex-husband is still living. You can't collect both Social Security disability (SSDI) benefits and a full divorced spousal benefit at the same time. Assuming that you meet the other requirements for divorced spousal benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html), your unreduced divorced spousal rate would be calculated by subtracting your full SSDI rate from 50% of your ex-husband's primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI rate.

So, in other words, you'll only be able to qualify for divorced spousal benefits if 50% of your ex's PIA is more than your own PIA. If you qualify you could potentially claim divorced spousal benefits as early as age 62, but your divorced spousal rate will be reduced for age if you claim those benefits prior to your FRA. Entitlement to divorced spousal benefits isn't automatic, so if you're eligible for benefits you'll need to file an application with Social Security.

Best, Jerry

Posted: 
May 18 2021 - 8:53am
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