I was born Aug 13th 1953. My wife May 26 1954. My wife has been on SS disability for 3 years. I would like to begin drawing social security on...

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Mike,

When it comes to spousal benefits, a person who is receiving a disability benefit can opt for a benefit on their spouse's record. Let's say the wife is getting a disability benefit, but a spousal benefit would provide more income. At 62, she can switch to a spousal benefit as long as her husband has applied for his retirement benefit. If she waits until full retirement age to claim a spousal benefit, it will be worth 50% of her husband's retirement benefit. It will be reduced a bit for each month she claims before full retirement age.

Please see the attached link. You can put some dates in and see the % of benefits that will be available to you wife at different dates:

https://www.ssa.gov/OACT/quickcalc/spouse.html

Victor Santucci EA

Mike

Do you need further assistance with your original question?

Victor Santucci  EA

is your wife on SSDI or SSI?

Mike,

Based on your updated information:

Assuming your wife is on SSDI:

Disability benefits end at full retirement age, 66, but are automatically converted to retirement benefits. The monthly benefits continue in the same amount . 

 So the question.  Can someone (your wife) stop the automatic conversion from disability to retirement benefits in order to engage in some creative strategies for claiming Social Security.

Example:

Wife's disability benefit, which she has been collecting for several years due to a medical condition that rendered her unable to work, is $1,800. Her husband's retirement benefit at full retirement age is $2,200.

The premise being that she could collect $1,100 per month in spousal benefits, while deferring her own retirement benefit until it reached the maximum amount. She would then switch to her own benefit at 70.

Sorry — it doesn't work that way.

Because your wife has been collecting Social Security disability benefits on her own earnings record, she isn't able to file a restricted claim for spousal benefits when she turns 66. That claiming strategy is available only to those who file for benefits for the first time at full retirement age.

Eligible /  Entitled

In order to file a restricted claim for spousal benefits, individuals must be eligible for both a retirement benefit on their own record and for spousal benefit at full retirement age.

Eligible for a benefit means that an individual meets all the eligibility criteria but hasn't filed an application for the benefit.

Entitled to a benefit means an individual meets all the eligibility criteria and has filed an application for the benefit.

“Because your wife is now full retirement age and is entitled to her own retirement benefits, that entitlement negates her choice to a restricted claim for spouse's benefit only,

Important!!  Social Securiyt questions are difficult and should always be confirmed with your local Social Security Office.  I advise my clients to call for a sit down with a Social Security agent and review their opions.

Victor Santucci  EA

Mike,

Based on your updated information:

Assuming your wife is on SSDI:

Disability benefits end at full retirement age, 66, but are automatically converted to retirement benefits. The monthly benefits continue in the same amount . 

 So the question.  Can someone (your wife) stop the automatic conversion from disability to retirement benefits in order to engage in some creative strategies for claiming Social Security.

Example:

Wife's disability benefit, which she has been collecting for several years due to a medical condition that rendered her unable to work, is $1,800. Her husband's retirement benefit at full retirement age is $2,200.

The premise being that she could collect $1,100 per month in spousal benefits, while deferring her own retirement benefit until it reached the maximum amount. She would then switch to her own benefit at 70.

Sorry — it doesn't work that way.

Because your wife has been collecting Social Security disability benefits on her own earnings record, she isn't able to file a restricted claim for spousal benefits when she turns 66. That claiming strategy is available only to those who file for benefits for the first time at full retirement age.

Eligible /  Entitled

In order to file a restricted claim for spousal benefits, individuals must be eligible for both a retirement benefit on their own record and for spousal benefit at full retirement age.

Eligible for a benefit means that an individual meets all the eligibility criteria but hasn't filed an application for the benefit.

Entitled to a benefit means an individual meets all the eligibility criteria and has filed an application for the benefit.

“Because your wife is now full retirement age and is entitled to her own retirement benefits, that entitlement negates her choice to a restricted claim for spouse's benefit only,

Important!!  Social Securiyt questions are difficult and should always be confirmed with your local Social Security Office.  I advise my clients to call for a sit down with a Social Security agent and review their opions.

Victor Santucci  EA

Mike,

Social Security issues are not always black and white.  Getting an answer from them is a hit and miss depending on the person you are speaking to.  A face to face meeting with them usually is the best way to go - once you get their response ask for Social Security law that you can refer to so when you go to file you have a reference point.

So with that said.   I tried to explain why I think you cannot put in place what you are asking.  The 50% spousal benefit is covered under the 

"restricted application" rules.   Please read all of the following article, pay attention to the following graphics box box 1:

https://www.thebalance.com/social-security-rules-for-restricted-applications-2388915

This is all that i can provide.  Hope this clarifies you question.   

Victor Santucci   EA

Mike,

No you are smart by getting as much information before you meet with Social Security.  But please remember to have person who gives you the information provide documentation that you can refer to, if they say you can implement the spousal 50% rule.  I have dealt with both IRS and Social Security reps before and many times they do not have a clue about the information they provide.  What  I provided is correct, in my opionion.  Good luck, I hope I am wrong in my findings!

Victor Santucci  EA

Mike,

No you are smart by getting as much information before you meet with Social Security.  But please remember to have person who gives you the information provide documentation that you can refer to, if they say you can implement the spousal 50% rule.  I have dealt with both IRS and Social Security reps before and many times they do not have a clue about the information they provide.  What  I provided is correct, in my opionion.  Good luck, I hope I am wrong in my findings!

Victor Santucci  EA

Mike,

Do you need further assistance with your original question?

Victor Santucci  EA