R was born on April 4th, 1899. She became disabled at age 61 and began receiving social security disability insurance benefits effective November 1960. The amount of her disability benefit was $40 per month.
In January 1965 R’s husband, B, attained age 65. He applied for and and began receiving old age social security insurance benefits effective that month. His primary insurance amount was $90 per month.
Shortly thereafter, R applied for wife’s social security benefits based on B’s work record.
Under the law, R’s wife’s social security benefits were equal to one half of her husband’s primary insurance amount; i.e., $90/2 = 45 per month. However, because she became entitled to wife’s benefits before she attained age 65, the law provided that her benefits would be reduced by 25/36 of one percent for each month in which she was entitled to such benefits and was under the age of 65.
Moreover, the law also provided that before this calculation was made, her wife’s benefits must first be reduced by the amount she was receiving in disability benefits.
Therefore, R’s wife’s benefits were calculated as follows: $45 (one half of her husband’s primary insurance amount) – $40 (her disability benefit amount) = $5. This $5 then needed to be reduced by 25/36 of one percent multiplied by the number of months in which she was entitled to wife’s benefits and was under age 65; i.e.: 5 x 25/36 x 1/100 x 3 = $.1042. $5 – $.1042 = $4.89. This number was then raised to the next highest multiple of ten cents; i.e., $4.90. This was the amount of R’s wife’s benefits.
It was therefore held that, effective the month of January 1964, R was entitled to $40 per month in social security disability benefits and $4.90 per month in wife’s social security insurance benefits.
See Social Security Ruling (SSR) 64-16.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.
