I’ve been disabled since 2003 yet due to being a full time mom not enough work points so receiving ssi in Oklahoma, I turn 62this Jan 2022. I’m eligible for ex spousal social security retirement on his record. He’s 67 & just filed for his. Why am I not getting half on his? My ssi check stops now. Why am I being punished because I became disabled in 2003? They cut it by 37%, Is there anything I can do to stop this? I was not granted alimony due to his ability to hire a high dollar attorney. Ideas?

Hi. Not really. You could refuse to apply for divorced spousal benefits, but then Social Security would suspend your Supplemental Security Income (SSI) payments. SSI is a needs based benefit that's intended as a last resort source of support for people who are blind, disabled or at least age 65, and who have little or no other income and resources. SSI recipients are required to apply for any other benefits for which they are eligible, even if claiming those benefits results in a reduced benefit rate. If they refuse to apply, they can no longer be paid SSI benefits.

Therefore, there's no way that you could have continued to collect SSI payments while delaying your divorced spousal benefits. And, even though you were basically forced to start drawing your divorced spousal benefits early, your benefits are still subject to being reduced for age.

Unreduced divorced spousal benefits are calculated based on 50% of the worker's primary insurance amount (PIA), but that rate only applies if the person starts collecting divorced spousal benefits at their full retirement age or later.
If you turn 62 in 2022 and start drawing divorced spousal benefits at age 62, then your divorced spousal rate is reduced for age by roughly 35%.

Best, Jerry