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Not sure if this is the board...my sister is 62 but never earned much. Her husband is 55 and earned well. Married 30 years. Can she claim ss based on his income? I say no because he isn't old enough but others say yea. Anyone?
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.my sister is 62 but never earned much. Her husband is 55 and earned well. Married 30 years. Can she claim ss based on his income? I say no because he isn't old enough but others say yea. Anyone?

Only after he files, or files and suspends at an earlier age if he wants her to be able to claim on his SS but he is not yet ready. He still has to meet minimum ages for SS.

IP
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Can she claim ss based on his income? I say no because he isn't old enough but others say yea. Anyone?

Yes, yes, she can.

http://www.ssa.gov/retire2/yourspouse.htm#a0=1


MOI
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Yes, yes, she can.

You say yes, but the link disagrees with you. Good info in the link, though.

--Peter
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You say yes, but the link disagrees with you. Good info in the link, though.


How so?

If your spouse is under full retirement age and qualifies on his or her own record, we will pay that amount first. But if he or she also qualifies for a higher amount as a spouse, they'll get a combination of benefits that equals that higher amount. If he or she begins receiving benefits:

between age 62 and their full retirement age, the amount will be permanently reduced by a percentage based on the number of months up to his or her full retirement age.

If your spouse is under full retirement age and works while receiving benefits, his or her benefits may be affected by the retirement earnings test.

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Only after he files, or files and suspends at an earlier age if he wants her to be able to claim on his SS but he is not yet ready. He still has to meet minimum ages for SS.


Never mind.

Got it.

MOI
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So it sounds like she's stuck till he gets older. Ah well. Worth a shot.
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myownigloo:

<<<Can she claim ss based on his income? I say no because he isn't old enough but others say yea. Anyone?>>>

"Yes, yes, she can.

http://www.ssa.gov/retire2/yourspouse.htm#a0=1"


OP was correct. The answer is yes, eventually, but not currently because of the spouse's age.

From your cited source:

"Even if he or she has never worked under Social Security, your spouse may be able to get benefits if he or she is at least 62 years of age and you are receiving or eligible for retirement or disability benefits.

The OP's B-I-L is not age to receive or be eligible for retirement benefits. We do not have enough information to know regarding disability, but I presume not.

Regards, JAFO
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StockGoddess: "So it sounds like she's stuck till he gets older. Ah well. Worth a shot."

StockGoddess: "Not sure if this is the board...my sister is 62 but never earned much. Her husband is 55 and earned well. Married 30 years. Can she claim ss based on his income? I say no because he isn't old enough but others say yea. Anyone?"

I am not expert on SS, but if you sister worked for 40 quarters, she may be able to claim a discounted amount based on her own wages. It may not be much, but if eligible it would be more than zero.

She also needs to understand the permanent reduction that results from claiming before full retirement age.

Regards, JAFO

Disclaimer

Yes, I am a lawyer, BUT THIS IS NOT LEGAL ADVICE; it is only general information. NO CLIENT RELATIONSHIP IS INTENDED TO BE CREATED, NOR IS ANY SUCH RELATIONSHIP SO CREATED. FOR SPECIFIC LEGAL ADVICE YOU SHOULD TALK TO A LAWYER IN YOUR AREA.
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I am not expert on SS, but if you sister worked for 40 quarters, she may be able to claim a discounted amount based on her own wages. It may not be much, but if eligible it would be more than zero.

She also needs to understand the permanent reduction that results from claiming before full retirement age


Later she will be able to claim SS based on her husband's SS. If her SS payment is less than what she will be eligible under her husband's, claiming hers now may not result in a reduction of benefits.
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Later she will be able to claim SS based on her husband's SS. If her SS payment is less than what she will be eligible under her husband's, claiming hers now may not result in a reduction of benefits.

My reading of things is that starting early, before "full retirement age", will ALWAYS reduce payments, regardless of whether they are based on one's own or one's spouses amount.

Referencing this: http://www.ssa.gov/retire2/yourspouse.htm#a0=0

Excerpted from the section titled How Much Will My Spouse Receive?

If your spouse is under full retirement age and qualifies on his or her own record, we will pay that amount first. But if he or she also qualifies for a higher amount as a spouse, they'll get a combination of benefits that equals that higher amount. If he or she begins receiving benefits:

between age 62 and their full retirement age, the amount will be permanently reduced by a percentage based on the number of months up to his or her full retirement age.
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Since this is the tax board, you may want to suggest she run all the scenarios at different ages, including any tax impacts -both state and Federal. It isn't just about how much she might get. How much she keeps also matters.
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