Can I get my ex husband's social security benefits I am disabled and 61 yrs.old

Asked almost 4 years ago - Seminole, FL

My ex and I were married 20 yrs. He is retired, I am disabled and am drawing my disability social security and ssi. The total is not enough to pay my bills. I am now on Medicare.

Attorney answers (2)

  1. Robert C. Alston

    Contributor Level 14

    Answered . In addition to the information previously provided. Even if you qualify to receive benefits under your ex-husband, they may not be any more than you are currently receiving. The amount would be based upon his earning record. The best thing for you to do is to go to your local SS office and ask them to tell you if you can make a claim under your ex-husband and if so, would it provide you more money. They are suppose to help claimant's with the process and help them get the appropriate benefit.

  2. Susan Hogg

    Contributor Level 12

    Answered . Possibly, but you will need to contact Social Security to find out for sure--SSA is supposed to assist you in making sure that you receive the maximum amount of Social Security benefits. According to this publication :http://www.socialsecurity.gov/pubs/10035.html#d... if your ex-spouse were deceased, you would be entitled to disabled divorced spousal survivor benefits if you became disabled between 50-59 years of age. However, this link http://www.socialsecurity.gov/dibplan/dfamily3.htm indicates that if your ex-spouse is retired, you may not be entitled to receive benefits from his wage earner's record as well until you reach age 62.

    This is general advice only, and providing this advice does not create an attorney-client relationship between the individual asking the question, or anyone reading the answer, and the attorney providing the information. The attorney is licensed to practice only in Oregon.

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