One of the four requirements for collecting social security based on your ex-spouse as stated on SSA’s website is: “The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.” I called social security when I turned 62, but was told that my ex-spouse’s benefit was less than mine so therefore I could not collect any benefits.
SSA’s website does not state that the above requirement no longer applies when you reach full retirement age. I am now 68 and I recently learned that I could have been receiving benefits for the past two years based on my ex-spouse’s work record.
Recently, I applied for benefits and I will be collecting benefits based on my ex-spouse until I turn 70 and then will start collecting benefits based on my own work record.
Why doesn’t the SSA do a better job at explaining benefits? Can I collect benefits for the past two years that I missed? Thanks for your help!

Hi,

Part of the problem involved in your case is the general public's unfamiliarity with Social Security's vernacular. In Social Security language, 'entitled to' basically means that you've filed for and currently receive benefits. That's different than 'eligible for', which in Social Security parlance means that a person would qualify for a certain type of benefit if they chose to apply for it. Most of the general public wouldn't recognize that distinction, of course.

It's true that if you were drawing your own Social Security retirement benefits (i.e. entitled to) you could not then qualify for lower divorced spousal benefits. So, the information you read on Social Security's website is correct as far as it goes, it's just that it doesn't mean the same thing to everyone. Social Security could probably do a better job of clarifying their instructions, but it's difficult to simplify legalese.

The answer to your question, though, is no you couldn't claim divorced spousal benefits for more than 6 months prior to the month of your application. An exception to that rule that might apply in your case is if you can establish that you were dissuaded from filing for benefits sooner because you were misinformed by a Social Security representative. For more information on establishing misinformation, refer to the following reference from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008.

Best, Jerry