Unlocking the Mystery: How AI Legalese Decoder Can Simplify SSDI Deemed Filing and Spousal Benefits After FRA
- May 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Hi, my wife (63) has been on SSDI on her own record since she turned 61 in 2022. She is not expected to be able to return to work before her Full Retirement Age (FRA) of 67. I (67) began collecting regular Social Security (SS) retirement benefits last year at my FRA of 66 years and 4 months.
## Concerns and Questions
Our understanding is that when she reaches her FRA of 67, her SSDI will convert to regular retirement benefits, and she would then be eligible to file for spousal benefits based on my record. This would be beneficial as my benefit is greater than hers under her own record, and her SSDI status does not count as “deemed filing.”
– Is our understanding of the situation correct?
– Are there any steps we need to take in advance to prepare for when she reaches her FRA?
– In the unfortunate event of my passing before she reaches her FRA while still on SSDI, what options are available to her?
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The AI Legalese Decoder can assist by analyzing the specific details of your case and providing personalized guidance on the best course of action. It can clarify any confusion regarding Social Security rules and regulations, ensuring that you make informed decisions for your retirement and benefits planning.
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>Our understanding is that when she reaches her FRA of 67, her SSDI converts to regular retirement benefit and she would then be able to file under spousal benefit based on my record, as it would be greater than her benefit under her own record
Possibly. It depends on the numbers. She won’t be due a higher benefit just because “it would be greater than her benefit on her own record. There is specific math involved to figure out if she is even eligible as an auxiliary spouse.
>and her being on SSDI is NOT considered “deemed filing”. Is our understanding correct?
Yes. You are understanding it correctly. Her SSDI is already her own “FRA” amount, just paid to her without reduction as she has been determined medically disabled. No, there is nothing you need to do before hand.
>If I were to die while she is still on SSDI on her own record, before she reaches her FRA, what are her options?
Continue with her own SSDI and wait to file as a survivor (but she shouldn’t wait any later than FRA, as that’s when the survivors benefit will stop growing.
Or she can file immediately as a SURV if the immediately paid survivor benefit is currently higher than her own SSDI. It WILL be reduced for age though, as the SURV benefit is a retirement based benefit and age reductions will apply at the time/age she files.
At her FRA she can apply for Spousal is 50% of your PIA is higher than 100% of hers. She gets an amount equal to the higher of those 2. If you ore-decease her then her benefit goes up.
https://www.ssa.gov/oact/quickcalc/spouse.html#:~:text=The%20spousal%20benefit%20can%20be,will%20receive%20a%20reduced%20benefit.
https://www.ssa.gov/pubs/EN-05-10084.pdf