Ask Larry

Will I Be Able To Receive Some Of My Ex's Social Security In Addition To My SSI Disability?

I am on permanent SSI Disability for years. My ex husband will soon be retiring and I do not have enough points to get my own. I am 63 years old. Will SSI allow me to acquire some of his SS when he retires. My SSI Disability also covers my medical expenses. I'm also on Section 8 Housing. We got a $7.00 cost of living increase. Now, $7.00 of my $15.00 increase is actually $8.00. I rarely have money for food. I'm looking forward to your reply.

Hi,

One of the conditions for Supplemental Security Income (SSI) eligibility is that you must file for any type of Social Security benefits for which you could be eligible as soon as you could qualify. And, your SSI is basically offset dollar for dollar by the amount of any Social Security benefits you receive.

Therefore, it sounds like you'll have to file for divorced spousal benefits effective with the earlier of a) when your husband starts drawing his benefits, or b) when he reaches age 62 if you've been divorced for at least 2 years. If your divorced spousal benefits are higher than your SSI then your SSI will stop, but if your SSI is higher than the divorced spousal rate you'll likely end up with a combined benefit amount that's either the same or $20 more than what you've been receiving from SSI alone.

Best, Jerry

Posted: 
May 19 2018 - 11:00am
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