Can a Husband and Wife Both be Disabled and Draw Disability?

[wh36677017]

My wife found out she has RA and fibro not long after we first married. She applied for disability with an attorney but was denied due to insufficient work credits.

Approximately 15 years later my application for disability was approved. My lawyer at the time advised any benefit due my wife would be included with my benefit up to the "family" maximum. 

Now I'm seeing something that looks like a spouse can separately receive up to 50% of the spouse's benefit if he/she is over age 62 (or age 50 if he/she is disabled also).

Have I misread this or do we need to be preparing to file when she reaches 50 so we do not miss out on any additional benefits?

[wh36677017]

I remember reading something that said when I reached full retirement age my benefits would change from disability to something else like old age retirement benefits or something like that but if I remember correctly it said my benefit amount would not change.

In my case does that mean 2/3 or my current benefit will stay the same and my wife's 1/3 would drop off. Doesn't sound right but seems like it could be a possibility based on the way you put it in your last reply about what will happen say when she is like 56-62yo or somewheres there about.

Thank you so much for all your help. Looks like now I really need to sign up for if the webinar if I haven't already missed it.

[GailL1]

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@wh36677017 wrote:

I remember reading something that said when I reached full retirement age my benefits would change from disability to something else like old age retirement benefits or something like that but if I remember correctly it said my benefit amount would not change.

In my case does that mean 2/3 or my current benefit will stay the same and my wife's 1/3 would drop off. Doesn't sound right but seems like it could be a possibility based on the way you put it in your last reply about what will happen say when she is like 56-62yo or somewheres there about.

Thank you so much for all your help. Looks like now I really need to sign up for if the webinar if I haven't already missed it.

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The webnar, I believe is March 27 -

Yes, the way you stated is correct - that is the way I understand it.

You two will be fine until you turn your Full Retirement Age.  Your benefit will just switch names (from SSDI to Old Age) at the whatever your part (2/3) of the amount is at that time.

However since your wife is so much younger than you, she cannot get the Old Age spousal benefit until she turns 62.  At 62 she can apply for spousal benefits and receive 50% of your benefit LESS a percentage for getting her spousal benefit early. - but there are those few years when she might not get anything.  That would be the period from when you reach FRA (67 ?) and she would be less than 62 -

That is the problem and what you need to ask about -  cause unless I am not seeing something - it is gonna affect the two of you income-wise for those few years - about 5-years, I believe.

I am sure that you two aren't the only one affected in this way but I don't know a rule or procedure of SS that can help.

page 6 of this SS pamphlet

SS - What You Need to Know When You Get Social Security Disability Benefit

When you reach full retirement age, If you’re receiving Social Security disability benefits,your disability benefits automatically convert to retirement benefits, but the amount remains the same.

I could not find anything written about the SSDI family benefit at the time this happens in this pamphlet. 

The proper lingo for your Social Security question would be:

What Happens to the SSDI family (spouse) benefit amount when:

• the beneficiary has reached FRA and their SSDI benefit converts to their old age benefit
• but the (spouse) is less than 62 (for the spousal retirement benefit) and has NO benefits of their own.

Got it ?

Somebody at SSA might be able to answer the question too but finding that person might require a trip (appointment and wait time) to your local SS office.

[wh36677017]

I think I understand now except for: "2.  She should be getting 50% of your SSDI benefit." is the part I'm still not totally sure about.

Does that mean she should be receiving that in a separate check made out to her? Or is it included in the total benefit I am already receiving?

Thank you for reminding me about the webinar. I had planned on asking about this then but couldn't wait and posted here hoping to get a better understanding before then.

Thank you for all your help.

[GailL1]

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@wh36677017 wrote:

I think I understand now except for: "2.  She should be getting 50% of your SSDI benefit." is the part I'm still not totally sure about.

Does that mean she should be receiving that in a separate check made out to her? Or is it included in the total benefit I am already receiving?

Thank you for reminding me about the webinar. I had planned on asking about this then but couldn't wait and posted here hoping to get a better understanding before then.

Thank you for all your help.

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NO, your disability check made payable to you includes your benefit and the family coverage (in this case, your wife's 50%- don't think you mentioned anybody else like minor children)  If there was a divorced spouse, receiving some part of the family disability benefit, that would be issued separately.

So take the amount of your current SSDI payment - divide it by (3) that will give you (3) equal parts - you get (2) parts as the receipient of the SSDI benefit.  Her "SSDI beneficiary spouse part" will be the 3rd part representing 50% of the amount of your SSDI benefit - unless there is another family member drawing another part of your SSDI benefit.  I didn't think there was -

Yes, I am curious as to what the AARP expert says about whether or not there is a way for your wife to continue a benefit for that time period of her age from 57/58 to 62 - after you are switched to the Old Age program at your FRA - Let me know - I probably won't do the registered format.

[wh36677017]

Thank you so much for the links with additional information. I believe I understand it now but as you said, SS rules can be very confusing and difficult to understand sometimes. Apparently I misunderstood.

By the time my wife was finally diagnosed several years had passed. When she applied she had been a stay-at-home mother for several years and was told she did not have enough "recent" work credits to qualify for disability.

We quit worrying about it until about 10-15 years later when I applied. My wife will be 48 this year and I will be 59 so we are far from our FRA of 67. I was just trying to make sure everything was in order in case one or both of us doesn't make it that far.

Thank you again for all your help.

[GailL1]

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@wh36677017 wrote:

We quit worrying about it until about 10-15 years later when I applied. My wife will be 48 this year and I will be 59 so we are far from our FRA of 67. I was just trying to make sure everything was in order in case one or both of us doesn't make it that far.

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Glad you wrote back -

You are fine now - each seem to be getting what they can get from the SSDI system.

1.  You are getting your SSDI whole benefit

2.  She should be getting 50% of your SSDI benefit.

At your FRA of 67,

1.  your SSDI benefit will just convert to your Old Age benefit - same amount.

2.  At that time, your wife will be around 57/58 years old - that is when there could be a problem because her spousal benefit (50% of your Old Age Benefit less some % for taking it early) would not begin until she is 62.  You do have some concern here.

AARP is having a Question/Answer SS program on March 27 - this might be a good question for whomever is the expert.  I do not know what SS benefit, if any, your wife would be eligible for between her age of 57/58 when your benefit converts from SSDI to Old Age and 62 when she can apply for her Spousal Benefit

I was wrong about the age 50 rule for Spousal benefit - it only applies for SURVIVORS Benefits.

Do you understand the problem with her benefit as I have explained it ?

Here is how to register for the AARP March 27 Social Security Q and A event.

AARP - Social Security Your Questions Amswered on March 27

[GailL1 · Accepted solution]

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@wh36677017 wrote:

My wife found out she has RA and fibro not long after we first married. She applied for disability with an attorney but was denied due to insufficient work credits.

Approximately 15 years later my application for disability was approved. My lawyer at the time advised any benefit due my wife would be included with my benefit up to the "family" maximum. 

Now I'm seeing something that looks like a spouse can separately receive up to 50% of the spouse's benefit if he/she is over age 62 (or age 50 if he/she is disabled also).

Have I misread this or do we need to be preparing to file when she reaches 50 so we do not miss out on any additional benefits?

---

Don't confused Social Security Disability Benefits (SSDI) with Social Security Old Age and Survivors Benefits (SSOASI).

Under SSDI, when you start receiving disability benefits, certain members of your family may also qualify for benefits on your record.  Your wife is one of those members.  IF she is your only family member receiving a benefit, then most likely she is getting 50% of your Disability benefit.

You can read how it works at this link:

Social Security DISABILITY - Family Benefit

When you reach your Full Retirement Age, whenever that might be, your benefit will only change names from SSDI to your SS Old Age Benefit.  The amount will remain the same.

Since it sounds like your wife doesn't have enough credits for her own SS Old Age benefit, your wife, at that time, if she is at least 62 years old she will qualify for a spousal benefit which is 50% of your benefit LESS a % since she might be taking this(spousal) benefit early (at 62 rather than her full retirement age).  This is also discussed in the above link.

The important thing here is the age difference between the two of you.  

Determine what her age will be when you turn your Full Retirement Age because she has to be at least 62 to begin (early) spousal benefits - if she is older than that - it will be to her(and your) benefit.  The closer she is to your age and to her full retirement age, the closer she will be in getting that whole 50% of your benefit as her spousal benefit.

Here is the chart on Full Retirement Age and how your wife's spousal benefit will be affected based on her taking the benefit at 62.  But remember if she is older than 62 when you reach YOUR Full Retirement Age, the reduction in her benefit will decrease and thus she will get closer to that 50% of your benefit..

Social Security - Full Retirement and Age 62 Benefit By Year Of Birth

Your wife because she doesn't qualify for her own SS benefits - Disability or Old Age - isn't classified as disabled by the SS system and therefore, I do not believe she will be able to get her spousal benefit at 50 (because she is disabled).  This might have to be fought out using a lawyer - could be expensive.

How much younger is she than you?

Let me know if this isn't clear - explaining SS is sometimes difficult. 

I am not an expert but have read and read and read about the system and have tried to help lots of people understand it and their own unique situations.