Ask Larry

Can I Claim Benefits On My Current Husband's Record Now And Then Claim Benefits On My Deceased Husband's Record At Age 67?

I was born in 1959. I've been married for 1 year and 2 months. My husband collected Social Security benefits at that time. My husband passed away and after 6 years I re-married. I'm still working, but I consider retirement because of my health issues and according to SS website, my benefits would be really low because my income was low in the past and then I fell sick fighting for my life, missed work. My question is: can I claim Social Security benefits on behalf of my current husband now and when I reach 67 to claim on behalf of my 1st late husband? Or shall I better wait till 67 and claim directly on behalf of my 1st late husband? Thank you

Hi,

The earliest that a person can claim spousal benefits on the record of a living spouse is at age 62, unless they have an eligible child in their care (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html). Therefore, since you aren't yet age 62 and assuming that you don't have an eligible child in your care (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0312.html), you couldn't currently draw benefits on your present spouse's record. Also, whenever you do file for spousal benefits you'll be required to claim your own Social Security retirement benefits at the same time, and you can only be paid what is essentially the higher of those 2 rates. And, your benefit rate will be reduced for age if you start drawing prior to your full retirement age of 66 & 10 months.

Reduced widow's benefits can be paid as early as age 60, or at age 50 if the widow(er) is disabled. However, you must be unmarried to qualify for widow's benefits unless you're remarried and your current marriage occurred at age 60 or later, or after your entitlement to disabled widow's benefits began.

You don't mention at what age you remarried, so I don't know whether or not it would be possible for you to claim benefits on your former husband's record. It sounds like you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully explore and compare your available options so that you can determine your best plan for maximizing your benefits.

Best, Jerry

Category: 
Posted: 
Jan 27 2020 - 5:39pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.