My wife is 64, on SSDI currently. I am 65 and eligible to file a restricted application for spousal benefits at 66. She was previously married more than 10 years and that spouse is deceased. We married after age 60. Question #1 If I file a restricted application at 66 can I receive spousal benefits if she is on SSDI ? Question #2 If she files for survivor benefits at 66 can she grow her retirement benefits till age 70 ? Question #3 Can I still receive spousal benefits if she does file for survivor benefits at 66. Thank you
Hi,
Yes, since you were born before January 2 1954 you could file a restricted application for spousal benefits only effective with the month you reach full retirement age (FRA). However, if your wife's Social Security disability (SSDI) benefit rate is relatively low, it could limit your spousal benefit rate due to the special family maximum benefit formula that applies to SSDI accounts (https://www.ssa.gov/oact/COLA/dibfamilymax.html). If that does come into play in your case, though, your wife would have the option of filing for regular Social Security retirement benefits early if it would increase the total monthly amount that the two of you could receive.
Your wife could file for survivor benefits on her previous husband's record at FRA or even before then, but she'll only be eligible for survivor benefits if her prior husband's primary insurance amount (PIA) is higher than her full SSDI rate, which is basically the same as her PIA. That's true even if she suspends her own benefits at FRA. And, even if she qualifies for survivor benefits in addition to her own SSDI benefits (which will convert to retirement benefits at FRA), she couldn't be paid even the excess survivor benefits while her own benefits are suspended. In other words, there's no way that your wife could draw any benefits if she chooses to suspend her own benefits at FRA or later. Furthermore, suspending her benefits would also result in the suspension of your spousal benefits.
Your wife's filing for survivor benefits would have no effect on your eligibility for spousal benefits. As is explained above, if she does qualify for survivor benefits they could only be paid as an excess benefit over and above what she receives on her own account. She would still remain entitled to benefits on her own record, so you could still potentially qualify for entitlement to benefits as a spouse. However, payment of your spousal benefits could depend on your wife's SSDI family maximum amount, and whether or not she chooses to suspend her benefits at FRA in order to grow her benefit rate.
It sounds like you and your wife have a rather complicated set of circumstances with many potential filing options involved. You should strongly consider using our maximization software to sort out your options and determine which filing strategy is best for both of you.
Best, Jerry
