Ask Larry

Will I Still Be Eligible For Benefits If I Turn 62 Shortly Before My Husband's Disability Benefits Change To Retirement Benefits?

My husband is disabled and will turn 66 on October 18, 2021. If I turn 62, 11days before his disability changes, can I still be eligible to receive benefits? Also, I was teaching and paying into the Texas Retirement System, but I had to drain my retirement account due to medical issues. I have worked in the private sector before teaching , so I know what my SSI will be @67. To fill in the gap, I substitute teach but I can’t pay into TRS. I hope you can give me a definitive answer, because the SSI Blue Book leaves a lot to be desired

Hi. You can potentially qualify for spousal benefits as early as the first month that you're age 62 for an entire month regardless of whether your husband is drawing Social Security disability (SSDI) or Social Security retirement benefits. If your husband was born in 1955 then his full retirement age (FRA) is 66 & 2 months, and that's when his SSDI benefits would automatically convert to regular Social Security retirement benefits.

You couldn't file for spousal benefits, though, without also filing for your own benefits at the same time. You could then be paid essentially the higher of your own benefit rate or your spousal rate, but either way your benefit rate will be reduced for age if you start drawing before you reach FRA.

I can't tell for sure from your description whether or not your benefit rate may be affected by the Windfall Elimination Provision (WEP) and/or the Government Pension Offset (GPO) provision. But, as long as you withdrew all of your contributions to the TRS program prior to age 59 1/2 and if you won't be eligible for a pension, then you shouldn't need to worry about WEP or GPO. For more detailed information on TRS and WEP applicability, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605364DAL.

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.

Best, Jerry

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Posted: 
May 29 2021 - 3:55pm
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