Ask Larry

Can I Collect Early From My Spouse's Record If I'm Disabled?

I had almost 10 years in the state police before I was injured on duty. Even though my doctor's all said I permanently disabled (TBI) the state took away my comp, etc. Because we didn't pay into SS, I am literally 1 credit short. I have tried twice and been turned down. My wife and I are seperated and have been married 12 years. She is 62, I am 48. Can I collect early from her? Thanks

Hi,

No. In order to be potentially eligible for spousal benefits, your spouse must be drawing their Social Security retirement or disability benefits, and you must be at least age 62 or have an eligible child in your care. If you don't have a child in your care who's eligible for benefits or your spouse's Social Security account, then you can't start draw spousal benefits prior to age 62 even if you're disabled.

However, if your spouse dies then you may be able to qualify for disabled widower's benefits as early as age 50 (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html).

Best, Jerry

Posted: 
Aug 29 2020 - 10:22am
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