Ask Larry

Is My Amount Correct?

Hello
.My husband retired after 21 yrs NYPD after that he work another 15 yrs in another state. Received letters from social security that he was max out and çouldnt put anymore money into social security. So at the age of 62 I his ŵife applied for social security was told I'm only too get 35%. My husband said the amount is not right. and I am disable and should have been collecting from him all. along...plus I have a letter from telling me they withheld $3500
Because I could of been getting disability ssi while I was receiving ss.
Now we all know they can look in the company and verify that wasn't happening. So I called social security and now they're telling me they know nothing about this money.is there anyway I could have then go over my records. Cause something not right
Thank you

Hi. Unreduced spousal benefits are calculated based on 50% of the primary insurance amount (PIA) of the worker on whose record the spousal benefits are paid. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). Unless you have an entitled child in your care, though, you must wait until your FRA to start drawing spousal benefits in order to get a full 50% of the worker's PIA.

If you start drawing regular spousal benefits prior to your FRA, then your benefit rate is reduced for age. For people born in 1960 or later, for example, starting to draw spousal benefits at age 62 results in a 35% reduction for age. Thus, if a worker's PIA is $1000, the unreduced spousal amount would be $500, but the age 62 spousal rate would be $325 (i.e. $1000 x 50% x 65%).

The reduction for age applied to spousal benefits for starting to draw them prior to FRA applies regardless of whether or not the spouse is disabled. Being disabled does not entitle a person to a higher spousal benefit rate. If you're insured for Social Security disability (SSDI) benefits based on your own earnings history you could apply separately for those benefits, and your SSDI benefit rate would depend on your full earnings history.

You mention SSI, which is the abbreviation used for Supplemental Security Income. SSI is a needs based benefit, so you can only qualify for those benefits if you have little or no income or countable assets. If you live with your spouse, your spouse's income and assets are counted when determining SSI eligibility. Therefore, if you've been living with your spouse and if he had a substantial income then you likely wouldn't have qualified for SSI even if you had filed an application for those benefits. You can still apply for SSI if you think you might qualify, but you can't be paid SSI retroactively for past months.

Best, Jerry

Category: 
Posted: 
Apr 18 2023 - 7:10am
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