Ask Larry

Can I Stop My Disability Benefits And Apply For Benefits On My Husband's Record?

I am 62 an on SSDI. My husband is 58 and retired from the post office. Can I stop my disability benefits and apply for benefits on his record. Thank you.

Hi. You can't voluntarily stop getting Social Security disability (SSDI) unless you withdraw the original claim that you filed and repay all of the benefits you've received. My expertise is limited to Social Security benefits, so if your husband is eligible for a pension other than Social Security then I wouldn't know what options you may have with regard to receiving benefits from his pension plan.

Even if you're drawing SSDI benefits, though, you might still potentially become eligible for an additional partial Social Security spousal benefit. However, you could only qualify for a spousal benefit if your husband is drawing his Social Security retirement or disability benefits and if 50% of his primary insurance amount (PIA) is more than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI benefit amount.

Best, Jerry

Category: 
Posted: 
Oct 15 2021 - 5:10pm
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