Ask Larry

I suffered a work injury in a fall! I'm 68 years old! I am not collecting social security yet, trying to wait to age 70! If I don't return to work, do I still get my projected amount at age 70 or do I get what I'm projected at right now? Also my wife is disabled and getting $766 a month now! Would she still get 50 percent of my amount once I apply?

Hi. I'm sorry to hear about your injury. If you don't return to work, your Social Security retirement benefit rate will still be credited with delayed retirement credits (DRC) for each month that you don't collect benefits prior to age 70. So, your projected age 70 rate should still be accurate unless your estimate is based in part on assumed benefit increases that would result from your future earnings that don't materialize because of your injury. But, if you start drawing at age 68 instead of age 70, your benefit rate would be 16% lower because of the DRCs you'd lose.

Your wife must be at least age 62 to potentially qualify for spousal benefits once you start drawing your benefits. And, she couldn't get half of your age 70 rate. The highest benefit rate that your wife could qualify for is the higher or her own benefit rate or 50% of your primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). However, if your wife claims spousal benefits prior to her full retirement age (FRA), then her spousal rate would be reduced for age and would amount to less than 50% of your PIA.

It sounds like you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine your best strategy for maximizing benefits for you and your wife.

Best, Jerry

My husband was the primary wage earner and is planning to collect SS at age 70. I'm two and half years younger and would like to start collecting at age 62 under my own work history and then switch to spousal benefit at age 67 (after husband has started collecting). Will my spousal benefit be reduced based on the SS that I received from age 62-67

Hi. No. Whenever you start drawing your own Social Security retirement benefits, those benefits will continue for the rest of your life. And, if you start them before your full retirement age (FRA), the resulting reduction for age will continue for as long as both you and your husband are living.

You can't start your own benefits at age 62 and later switch to drawing spousal benefits instead. What you can do, though, is start your own benefits early and then file for an excess spousal benefit once your husband starts drawing his benefits. The excess spousal amount, if any, would only be reduced for age if your husband starts drawing his benefits before you reach FRA.

For example, say Joy files for her Social Security retirement benefits at age 62. Joy's PIA, which is equal to the amount she'd be eligible for if she started drawing her benefits at full retirement age (FRA), is $600. But, Joy's benefit rate is reduced for age to $422 because she's claiming her benefits at age 62. Several years later Joy's spouse applies for his benefits, and his PIA is $2000. Joy's unreduced excess spousal benefit would then be calculated by subtracting her PIA from 50% of her husband's PIA, which in Joy's case amounts to $400 (i.e. $2000/2 - $600). If Joy is at least FRA when she becomes eligible for her excess spousal benefit, she would then be paid the full unreduced excess spousal amount of $400 in addition to her own reduced rate of $422 to give her a combined rate of $822. But, if Joy isn't yet FRA when her husband claims his benefit, then her spousal amount would also be reduced for age based on Joy's age at the time her husband claims his benefits.

It sounds like you and your husband should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

How can we get my wife's spousal benefit reactivated? She is a retired teacher and her Medicare part B premium needs to be paid out of that.

Hi. Without knowing why your wife's benefits were apparently suspended, there's no way for me to know what you'd need to do to get her benefits reinstated. You mention your wife being a retired teacher. If she's collecting a teacher's pension based on her earnings that were exempt from Social Security taxes, then the Government Pension Offset (GPO) would likely require her spousal benefits to be offset by 2/3rds of the amount of her teacher's pension (https://www.ssa.gov/pubs/EN-05-10007.pdf). If your wife's benefits were reduced to zero due to the GPO provision, then there may be nothing that you can do to get them reinstated. Your wife could potentially file an appeal (https://www.ssa.gov/apply/appeal-decision-we-made), but that would only help if the determination to stop her benefits was incorrect.

However, if the GPO provision isn't the cause of your wife's benefit suspension, then I don't have enough information to be able to give you any advice. I would suggest having your wife contact Social Security to discuss her options.

Best, Jerry

When can I stop filing tax returns? I am 69 and have only my 26,000 dollars per year Social Security and a $4,000 distribution from a small IRA as my yearly income?

Hi. My expertise is limited to Social Security benefits, not income tax regulations. You'll probably want to direct your question to a tax expert or the IRS.

Best, Jerry

I just turned 62 and have paid into SS for 40 years.
I am legally married to a Lao citizen and we have a 8 yr old son together.
My son is an US citizen w/ passport and SS number.
We live in Laos for the winter months and Wa. state during the summer.
I recently applied for SS and was informed that my wife will not receive any benefits under my work record because she is not a US citizen nor does she have a green card.
Should I go ahead and start collecting for my son and I and wait to add my wife later when she gets her green card ( about 14 months)
Thank you

Hi. Assuming that you've applied for your benefits, there's almost certainly no reason why you wouldn't want to file an application on behalf of your son. For one thing, benefits can only be paid retroactively for up to a maximum of 6 months prior to a person's application date, so a delay in filing an application for your son could result in a loss of benefits. If your wife later becomes eligible for benefits on your record it will likely cause your son's benefit rate to be reduced due to the family maximum benefit (FMB), but any such reduction would have occurred even if your wife qualified for benefits immediately.

Since you've only recently applied, you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options to make sure that you're choosing the best possible filing strategy to maximize benefits for you and your family.

Best, Jerry

I am a foster parent of my nephew I get a stipend check monthly. His mother died. He now gets social security. Will I lose my monthly stipend check now?

Hi. I'm sorry, but my expertise is limited to Social Security benefits. You'll probably want to direct your question to the agency that pays you the stipend.

Best, Jerry

My husband was terminated after 40 years for no good reason. He is suing for age discrimination. Our lawyer says we have a very good case. He is 63. He just applied to get social security as he feels he will probably not get a job and we need the income. He is suing for back pay, forward pay and loss of benefits. If he wins, what happens with his social security benefit?

Hi. As long as your husband doesn't return to work for his former employer, then any money that he gets in the form of settlement wouldn't cause him to lose any of his Social Security benefits.

Your husband may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of his various filing options in order to make sure that he's choosing the best possible strategy for maximizing his benefits.

Best, Jerry

Can my wife collect her benefit at 62 yrs old and then the spousal benefit when I begin collecting at 67? We are the same age and my benefit is about 2x hers year to year. Thanks.

Hi. Your wife can't claim reduced benefits on her own account and later switch to a full spousal benefit, if that's what you had in mind. But, your wife could claim her own benefits as early as age 62 and then apply for an excess spousal benefit when you claim your benefits. However, she'll only qualify for a spousal benefit in addition to her own benefit if your primary insurance amount (PIA) is more than twice as much as her own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). And, if your wife claims her benefits early, she'll be stuck with any reduction for age applied to her own benefit rate for at least as long as both of you are living.

For example, say Joy files for her Social Security retirement benefits at age 62. Joy's PIA, which is equal to the amount she'd be eligible for if she started drawing her benefits at full retirement age (FRA), is $800. But, Joy's benefit rate is reduced for age to $563 because she's claiming her benefits at age 62. Several years later Joy's spouse applies for his benefits, and his PIA is $2000. Joy's unreduced excess spousal benefit would then be calculated by subtracting her PIA from 50% of her husband's PIA, which in Joy's case amounts to $200 (i.e. $2000/2 - $800). If Joy is at least FRA when she becomes eligible for her excess spousal benefit, she would then be paid the full unreduced excess spousal amount of $200 in addition to her own reduced rate of $563 to give her a combined rate of $763. But, if Joy isn't yet FRA when her husband claims his benefit, then her spousal amount would also be reduced based on her age at the time her husband claims his benefits.

It sounds like you and your wife should to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

My wife and I are both 67. I'm on track to collect Social Security when I retire, but my wife has only worked for 38 quarters (she took time out first to raise our family, and then 20 years to care for our parents in their old age). Can my wife work 2 more quarters to become eligible for at least a minimal Social Security benefit? Does it have to be full time, or could she work part time and still qualify?

Hi. Yes, if your wife accrues at least 40 quarters (QC) of Social Security coverage, then she'd be eligible for retirement benefits based on her own record. It doesn't matter whether she works part time or full time, as long as she ends up making enough to earn the required QCs. In 2023, for example, a person is credited with one QC for each $1,640 of their Social Security covered earnings, up to a maximum of 4 QCs.

How important it might be for your wife to gain insured status, though, depends on how her own benefit rate would compare to her potential spousal rate on your account, and when you plan to start your benefits. Even if your wife qualifies for benefits on her own account, once you start drawing your benefits she couldn't be paid any more than the higher of her own benefit rate or her spousal rate. Therefore, it sounds like you and your wife should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

My wife applied for Social Security in 2009. Her benefit was severely reduced because of her state pension. I applied for my Social Security benefit in 2010. It was considerably higher. We married after having started our respective Social Security benefits. 14 years later my wife is wondering if she can increase her benefits by applying for spousal benefits on my account. Can she?

Hi. Your wife can apply for spousal benefits, but her claim will only be approved if your primary insurance amount (PIA) is more than twice as much as her PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Furthermore, even if your wife's claim for spousal benefits is approved, if she's receiving a pension based on her earnings from a state government agency in the U.S. that were exempt from Social Security taxes then her Social Security spousal benefit will almost certainly be offset by 2/3rds of the amount of her state pension (https://www.ssa.gov/pubs/EN-05-10007.pdf). That could reduce the spousal amount to zero depending on the relative amounts of her spousal benefit and her state pension.

I don't have enough information to be able to tell you whether or not your wife could actually be paid any spousal benefits if she applies, but it probably couldn't hurt to file an application in order to find out. She can do so by calling Social Security to make an appointment. Filing for spousal benefits would not adversely affect your wife's own benefits.

Best, Jerry