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Can My Spouse Draw On My Ssdi?

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jessejames

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Just wondering about this, it's not coming up real soon. I was approved for SSDI in 1994 and accepted Medicare Part A. I had worked for Civil Service for many years before I applied for SSDI, so I had enough SS Quarters to get SSDI, but not enough "recent" quarters at the time to actually draw any money from SSDI. Since I was approved for SSDI, can my spouse draw on my SS at an earlier age than 62?

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Just wondering about this, it's not coming up real soon. I was approved for SSDI in 1994 and accepted Medicare Part A. I had worked for Civil Service for many years before I applied for SSDI, so I had enough SS Quarters to get SSDI, but not enough "recent" quarters at the time to actually draw any money from SSDI. Since I was approved for SSDI, can my spouse draw on my SS at an earlier age than 62?

Sounds like you used the wrong disability date for SSDI. Many claimants don't know about SSDI until after the 5 yr period and lose out. The important part of an SSDI clim is the date you became disabled - best if it's within five years of last worked date.

To the best of my knowledge your spouse can't collect on your SS account, until you are dead and then can collect on it at age 60 or at age 50, if she's found to be disabled.

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I remember that now about the death part...had just forgotten it, I just got confused about her drawing on my SS instead of the SSDI. Now when she turns 62, she can draw on my SS if it would be more than her SS, is this correct? And, on the filing date for SSDI, it was on the date the VA Doctor declared me 100% disabled in 1994. I had worked for the Postal Service under Civil Service from 1975 until 1994, so I didn't pay anything into SS for those years, but I had worked and earned over the required 40 quarters prior to 1975. I was approved for SSDI, and the main reason I applied was for the Medicare Part A since I knew I couldn't draw any money under SSDI.

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She should be able to. I am thinking she can draw upon your death OR upon you reaching retirement age. But she would only recieve a percentage of your benefits on retirement. Though they have special provisions about govenrment pentions and all that jazz now. They reduce your benefits some if you are drawing a government pension also. Might be something you want to check out.

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I remember that now about the death part...had just forgotten it, I just got confused about her drawing on my SS instead of the SSDI. Now when she turns 62, she can draw on my SS if it would be more than her SS, is this correct? And, on the filing date for SSDI, it was on the date the VA Doctor declared me 100% disabled in 1994. I had worked for the Postal Service under Civil Service from 1975 until 1994, so I didn't pay anything into SS for those years, but I had worked and earned over the required 40 quarters prior to 1975. I was approved for SSDI, and the main reason I applied was for the Medicare Part A since I knew I couldn't draw any money under SSDI.
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Benefits for Spouses and Divorced Spouses

§404.330 Who is entitled to wife's or husband's benefits.

http://www.ssa.gov/OP_Home/cfr20/404/404-0330.htm

http://www.ssa.gov/OP_Home/cfr20/404/404-0333.htm

§404.333 Wife's and husband's benefit amounts.

Your wife's or husband's monthly benefit is equal to one-half the insured person's primary insurance amount. If you are entitled as a divorced wife or as a divorced husband before the insured person becomes entitled, we will compute the primary insurance amount as if he or she became entitled to old-age benefits in the first month you are entitled as a divorced wife or as a divorced husband. The amount of your monthly benefit may change as explained in §404.304.

§404.335 How do I become entitled to widow's or widower's benefits?

http://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm

http://www.ssa.gov/OP_Home/cfr20/404/404-0338.htm

§404.338 How is the amount of my widow's or widower's benefit calculated?

Your widow's or widower's monthly benefit is equal to the insured person's primary insurance amount. If the insured person died before reaching age 62 and you are first eligible after 1984, we may compute a special primary insurance amount to determine the amount of your monthly benefit (see §404.212(:o). We may increase your monthly benefit amount if the insured person earned delayed retirement credit after full retirement age (as defined in §404.409) by working or by delaying filing for benefits (see §404.313). The amount of your monthly benefit may change as explained generally in §404.304. In addition, your monthly benefit will be reduced if the insured person was entitled to old-age benefits that were reduced for age because he or she chose to receive them before attaining full retirement age. In this instance, your benefit is reduced, if it would otherwise be higher, to either the amount the insured would have been entitled to if still alive or 82½ percent of his or her primary insurance amount, whichever is larger.

You also want to check out all their rules about reductions for government pensions.

You can go to:

http://www.ssa.gov/

and calculate benefits --and order a statement for benefit estimates.

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