Ask Larry

Which Of Social Security's Explanations Is Correct In My Case?

Hello ! My husband is an early retiree. I am getting spousal early retirement benefit. My husband adopted a disabled girl when she was 7 years old. At 18, she left the house and we never see her again.for about 12 years. The SSA told me that my spousal benefit is spit with her. ( in half) . I would like to ask if it is right. There were two different explanations at the SSA office. One said that my benefit will be spit with the girl. Another said the girl’s benefit is in different fund.
Please advise. Thank you very much!

Hi. If your husband's daughter is over age 19 then the only way that she could be collecting benefits from his Social Security account if she's eligible for disabled adult child (DAC) benefits. DAC benefits can be paid to children age 18 and older if they became disabled prior to age 22 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0323.html). And, if your husband's daughter is collecting DAC benefits then the Social Security employee who told you that her benefits are paid from a different fund is apparently mistaken.

So, based on the assumption that your husband's daughter is collecting DAC benefits, then yes, you and she would have to split the amount available from the family maximum benefit (FMB) that can be paid to eligible family members drawing benefits on your husband's account. In fact, if your spousal benefit is reduced for age, then your husband's daughter could be receiving a somewhat higher benefit rate than you.

Best, Jerry

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Posted: 
Feb 27 2023 - 1:06pm
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