Ask Larry

Is There Any Way That I Can Get More Than Six Months Of Retroactive Benefits?

I decided to postpone receiving my social security benefits until I was 70.

I was born in 1953. I was married more than 10 years. I did not realize until I applied for my benefits, that I could have been receiving benefits based on my ex husband's earnings. Is there any way I can acess more than 6 months of the benefits I did not receive?

Hi. Probably not. Six months is the maximum retroactivity allowed on claims for divorced spousal benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204030). So, for example, if you apply for divorced spousal benefits in January 2023, you could only claim back pay retroactive to July 2022.

About the only way that you might be able to receive more than 6 months of retroactive benefits is if an earlier protective filing date was established for you, and if that protective filing date hasn't been closed out by Social Security. For more information about protective filings, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204010.

Best, Jerry

Category: 
Posted: 
Jan 31 2023 - 11:38am
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