Journalist Philip Moeller answers your questions about
health, aging, and retirement. Phil is the author of the book, “Get What’s Yours for
Medicare,” and co-author of “Get What’s Yours: The Revised
Secrets to Maxing Out Your Social Security.” Send your questions to Phil.
Diana – Minnesota: I’m 71 and my ex-spouse is 67. I began drawing Social
Security at age 62, and don’t know if my ex-spouse has begun drawing his Social
Security or not. How should I proceed in order to apply for and receive
ex-spousal benefits? And what benefit should I expect? Would it be based on his
FRA (full retirement age)
benefit, even though he hasn’t reached that age? It sounds as though accurate
information isn’t always given by people who work for Social Security. Thank
you for information and your guidance!
Phil Moeller: If you have been divorced for more than two years, you can
apply for an ex-spousal benefit even if your ex- has not filed for Social
Security.
Your benefit will be tied to his FRA benefit. However,
because you filed for your own Social Security at 62, your ex-spousal
entitlement will be much less than half
of this FRA benefit. And if it turns out to be less than what you’re already
receiving, you would get no additional payment.
People
often don’t think about the implications of how filing early for Social
Security might affect their future entitlements.
People often don’t think about the implications of how
filing early for Social Security might affect their future entitlements to
other Social Security benefits.
While not wishing any ill will on your former husband, I
should also note that the age at which you filed for your own benefits will not
reduce your ex-survivor benefits should your former husband die before you.
If this happens, you would be entitled to receive an amount
of money equal to the Social Security benefit he was receiving at the time of
his death. If he had not yet filed when he died, Social Security would
calculate your benefit as if he had filed on the day of his death.
Because you are already drawing your own Social Security,
you would receive an additional payment equal to the amount by which his
benefit exceeded yours.
Lee – Virginia: I had to file for Social Security at 62. I am 68 now. I was
with my ex-husband for 13 years. I’m working full-time at a very good job but
have serious medical issues. How do I find out if I can claim spousal benefits?
He is about 60 years old or dead.
Phil Moeller: If he is still alive, he is too young for you to claim am
ex-spousal benefit. He needs to be at least 62 and have filed for his own
benefit or, if he has not filed, you need to have been divorced for at least
two years.
If he is dead, however, you can file for an ex-spousal
survivor benefit. The Social Security Administration maintains national death
records. If you have your ex’s Social Security number, you should be able to
call Social Security and explain that you’d like to file for an ex-spousal
survivor benefit if your ex- has, in fact, died. You may need to go into an
office to actually file for this benefit and bring records of your marriage and
divorce.
As with Diana, if it turns out that you are eligible to file
for an ex-survivor benefit, your additional benefit would equal the amount by
which his benefit exceeded yours.
Rita: I worked at a business owned by my uncle. He deducted
Social Security payroll taxes from my paycheck, but I later found out that he
didn’t send my deductions to Social Security! (Yes, he pocketed the money.) He
is in poor health, not coherent, and in his 90s.
His deceit leaves me four quarters short of eligibility for
Social Security. What can I do to claim Social Security benefits? I’m in my 70s
and do not want to work more quarters.
Phil Moeller: Wow, this is such a tough situation, and I really don’t
have a sure-fire solution for you. Taking legal action against your uncle
clearly is not an option, although if someone has power of attorney to make
financial decisions for him, I’d call them and see if there’s any chance they
would make things right with Social Security.
Were this me, I would look for copies of paystubs showing
that payroll taxes were deducted from your pay. I would then take these to your
local Social Security office and make a plea for reconsideration of your
eligibility.
I am sorry you got such a bad deal. Please let me know how
things turn out.
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