I receive Ssdi and my husband was just diagnosed with APL leukemia. He doesn’t have enough quarters in recently to qualify for SSDI. Being married does that disqualify him for SSI where would we be better off having him file for early retirement he will be 62 in May? I have heard with what I get he will not get SSI benefits unless we are divorced could you please let me know about that.

Hi,

I'm sorry to hear about your husband's illness. SSI (Supplemental Security Income) is a needs based benefit, and a spouse's income and resources are considered when determining whether or not a person can qualify for SSI. Your income and resources wouldn't be counted if you and your husband divorce, provided that you aren't still living together and holding yourself out to the public as being a couple (https://www.ssa.gov/ssi/). If your husband did qualify for SSI, though, he would be required to file for his Social Security retirement benefits when he reaches age 62, which might make him ineligible for SSI anyway depending on the amount of his Social Security retirement rate.

If your husband starts drawing his Social Security retirement benefits at age 62 his benefit rate will be reduced to roughly 71% of his primary insurance amount (PIA), or full retirement age (FRA) rate. Also, if you husband files at age 62 that will limit your potential survivor benefit rate to no more than 82.5% of your husband's PIA, but that probably wouldn't matter if your SSDI rate is higher than your husband's full rate. A widow can only be paid the higher of their own benefit rate or their widow's rate, not both benefits.

Your husband's best filing strategy largely depends on his prognosis, and your comparative benefit rates. \You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to your husband in order to determine your best strategy for maximizing benefits.

Best, Jerry