I wrote to you several days ago. I appreciate you answering me. I am having a difficult time with social security. I am already 62 and my ex will be 62 soon. I have a couple more questions.. I have two disable boys, one is 17 and one is 25. The older one is on SSI, the younger isn't because my income, unearned, is too high. However he has been on SSI in the past. If my income were earned, he would qualify now, as the income for earned income is higher. However, the boys needs are too great for me to be employed. You said if caring for a "child in care," I would receive a higher amount of SSI. Does that include a child determined to be disabled prior to age 22, but is now an adult? If I am caring for 2 disabled children, would my amount be the same for either 1 or 2 disabled children, or would it increase for 2?

If I waited to claim SS on my ex's record, would my amount go up, at FRA? I do not have benefits to claim on my own record.

If my ex remarries. wouldn't that drastically affect what my boys would receive? Is that minimized if the person he might marry, has some social security benefits of her own. I know they wouldn't be as high as his, however.

The last time I saw a SS statement for my ex, was about 6 years ago, and the FR benefits were somewhat over $2400 a month. He has paid way over the maximum since that time. Would that amount of a benefit be any higher now?

How can I handle mistakes social security is making? They are telling me I would get the same amount as my boys and that it would come from the "Family Maximum." They are saying $891 approximately for each of us.

I saw where the Inspector General's office investigated social security for making these types of mistakes, but couldn't find a contact number.

I am so sorry for all the questions. I have a big responsibility here and this early retirement, will hit my sweet family hard. Thank you for your help!

Hi,

Yes, you can qualify as having a child in care when caring for an eligible disabled adult child. If the child is mentally impaired and living with you the child in care requirement would almost certainly be met, but if he or she is a physically handicapped child then you would have to be providing personal services such as assistance with dressing, bathing, eating, etc. Your Social Security benefits won't be any higher if you're caring for more than one disabled child.

Your divorced spousal benefit rate wouldn't be any higher at full retirement age (FRA) than it would be at age 62 provided that you meet the child in care requirement. Otherwise it would.

Entitlement of a current spouse on your ex-husband's record wouldn't affect your benefits as a divorced spouse but could affect your children's benefit rate due to the family maximum benefit (FMB).

Your ex-husband's primary insurance amount may be higher now than previously estimated due to additional earnings and or increases in average annual wages (https://www.ssa.gov/pubs/EN-05-10070-1954.pdf).

If Social Security told you that your benefit rate would be subject to reduction due to the FMB you could show them the following section from their operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615682. And, if they reduce your rate in spite of that you could file an appeal.

Best, Jerry