I am currently 61 years old with a 30 year old disabled from birth son and wife who turns 62 in Jan 2019. I will retire this June 2018. I turn 62 in August 2019 when I file for SS benefits starting Sept 1 2019 will my wife be able to file for child in care benefits ? I was told that that only applies when the husband is deceased. With a full retirement of $2796 and a family max of $4892 the SS office told me I would receive $2038 at age 62. My son would receive 50 % of my Full Retirement amount $1398 and my wife would receive 37.5% or $1048. I think that she should be able to fill under child in care thus splitting the remaining amount after deducting my PIA from the family maximum. Although these amounts still total the same my son would no longer be eligible for Maryland Medicaid under the income rule. It would benefit my son to have the lesser SS benefit by having my wife file the under the "child in care" . I purchased your maximize my benefit program and it shows the child in care benefit. Do I have to be deceased for my wife to file for the child in care benefit?

Hi,

No, you don't. It sounds like your wife would potentially qualify for child-in-care (CIC) spousal benefits when you file for your benefits. If your son qualifies for disabled adult child's (DAC) benefits based on a mental impairment and he lives with you and your wife, then she would almost certainly qualify for CIC benefits. On the other hand if your son's disability is physical, then your wife would need to be performing personal services for him, as described in the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310015.

Assuming that your wife does qualify CIC spousal benefits, her spousal rate will not be reduced for age. Thus she would be due just as much from your record as your son, which would amount to an even split of the amount remaining after subtracting your PIA from your family maximum.

Best, Jerry