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Social Security Ball in Your Court

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Q: I am getting my own Social Security because I worked all my life. I am divorced. My ex is alive and gets his own Social Security. I was married to him for 30 years. Based on one of your recent columns, I think I should be getting some of my ex's Social Security. Does the Social Security Administration automatically check to see if I can get more on his record? Or do I have to apply for divorced wife's benefits?

A: The ball is generally always in your court when it comes to applying for Social Security benefits. And just in case you are unfamiliar with sports metaphors, it means it is your responsibility to apply for any Social Security benefits you think you are due.

Having said that, I can tell you that the Social Security Administration usually will check to see if you are eligible for other benefits at the time you apply for your own Social Security. Part of an application for retirement benefits includes leading questions about current and prior marriages. SSA should have used that information to find out if you were due any benefits from your ex.

So, I'm inclined to think you are not eligible for extra benefits on your ex-husband's record — at least not while he is alive. If you carefully read my prior column, you should have noted that a wife, or a divorced wife, is due only 30 percent to 50 percent of her husband's, or ex-husband's, Social Security. If you took your own Social Security at 62, it's about 30 percent. If you waited until 66, it's 50 percent. In other words, your own Social Security benefit would be supplemented up to just a relatively small percentage of his. For most working women, that means there is no spousal supplement because your own benefit probably pays more than 30 percent to 50 percent of your husband's benefit.

But when he dies, you are due a supplement of up to 100 percent of his rate. So at that point, there is a much greater likelihood that you would be due some extra benefits on his record.

If he made substantially more money than you did, meaning he is getting a much higher Social Security benefit than yours, then you need to contact SSA as soon as possible to find out if you are due divorced wife's benefits.

But after he dies, you should apply for divorced widow's benefits. You can reach SSA at 800-772-1213.

Q: I am 64 and getting Social Security disability benefits. When I turn 65, will I get regular Social Security automatically? Or do I have to apply for it?

A: You should understand that you are already getting "regular Social Security." There is nothing irregular about Social Security disability benefits. It's just one part of the "regular" Social Security program.

But I know what you meant to say. You want to know if you will have to apply for Social Security retirement benefits. And the answer is "no." When you reach age 66 (not age 65), you will be automatically switched from the Social Security disability program to the Social Security retirement program.

You probably won't even notice the switch because the money amount stays the same. Or to put it another way, a Social Security disability benefit is essentially your full (age 66) retirement benefit that just happens to be paid to you before retirement age because you are disabled.

The switchover (from disability to retirement) is transparent to you, but not to the Social Security Administration. When you reach age 66, they'll officially move you from the disability ledgers to the retirement ledgers. And for bookkeeping purposes, that means your monthly Social Security benefits will start coming out of the retirement trust fund instead of the disability trust fund.

Q: I want to verify in black and white something I read in your column. How do I do that?

A: I would have guessed that most of my newspaper columns are printed in black and white (or at least off-white.) But I think you want to check with an official source. I'd suggest the Social Security Administration website at www.socialsecurity.gov.

If you have a Social Security question, Tom Margenau has the answer. Contact him at thomas.margenau@comcast.net. To find out more about Tom Margenau and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

COPYRIGHT 2010 CREATORS.COM.


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