Ask Larry

Must I Apply For Child In Care Spousal Benefits?

I retired at age at 63 because of my health, though I was not "disabled", my husband the higher earner retired this month at 70. He did accept the lump sum which he invested.
I was advised to apply for spousal benefit.
We also have a disabled adult child who receives ssdi based on work in our family business, though she was disabled from birth.
Must I apply for my spousal as parent of a disabled child and for her child benefit if the family maximum means I will receive less than spousal? And would my child lose ssdi? I am not sure that I even provide as much care as is assumed. I am 71.

Hi,

Child in care spousal benefits are only paid to qualified spouses who have not yet reached full retirement age. Since you are already past your full retirement age, child in care benefits are not an option for you, nor would they be any higher than regular spousal benefits.

Your daughter would not factor into the family maximum payable on your husband's record unless she's entitled as a disabled adult child on his account, so I don't know if the family maximum is even an issue in your case. If she's only entitled to disability benefits based on her own work record, your entitlement to spousal benefits won't affect her benefit rate at all. However, if she is entitled as a disabled adult child, your entitlement may reduce her benefit rate, but would not cause her to lose her benefits. But, if your daughter does qualify as a disabled adult child on your husband's record, she would likely qualify on your record as well, in which case the family maximums on your and your husband's records could be combined. You might want to check with Social Security to see if this is a possibility in your case.

Best, Jerry

Category: 
Posted: 
Nov 22 2016 - 10:45am
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