TN 24 (09-02)

RS 00615.170 Simultaneous Entitlement of a Widow(er) to Spouse's Benefits and RIB/DIB

POLICY

1. Widow(er) and Spouse Only

  • When an individual is entitled to a WIB and a spouse's benefit, he/ she will be paid only the WIB (after any reduction) if it is larger than the spouse's benefit (after reduction).

  • If the spouse's benefit exceeds the WIB, he/she will be paid the WIB plus an amount equal to the excess spouse benefit.

  • An individual who is entitled to a WIB and a divorced spouse's benefit can only receive the larger of the two benefits. This is true even if the larger benefit is not paid because of deduction events.

Note: Entitlement to RIB/DIB and WIB and higher divorced spouse’s benefits, is not the same type of entitlement as RIB/DIB, WIB, and higher spouse’s benefits. The divorced spouse will receive RIB/DIB and the higher of either WIB or divorced spouse’s benefits. The RIB/DIB, WIB, and spouse’s benefits is a triple entitlement, and it is explained below.

2. Widow(er), Spouse and RIB/DIB

  • If the individual is also entitled to a RIB/DIB that is less than the WIB or spouse's benefit, he/she will be paid the RIB/DIB plus an excess amount as a WIB and possibly as a spouse.

  • If the RIB/DIB exceeds the WIB, the RIB/DIB will be paid and the WIB will be reduced to zero.

  • If the RIB/DIB exceeds the spouse's OB, the spouse's benefit is stopped and the RIB/DIB is paid. If the RIB/DIB PIA is more than the spouse’s OB, the spouse benefit is terminated. If the RIB/DIB PIA is less than the spouse’s OB but for some reason the RIB/DIB benefit is higher than the spouse benefit, the spouse benefit is suspended and the spouse will be technically entitled.

Note: Claimant has to be 62 or older to qualify for triple entitlement as D/W-B-HA. See SM 00820.100 and SM 00848.850 for triple entitlement computations.


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http://policy.ssa.gov/poms.nsf/lnx/0300615170
RS 00615.170 - Simultaneous Entitlement of a Widow(er) to Spouse's Benefits and RIB/DIB - 04/25/2014
Batch run: 04/25/2014
Rev:04/25/2014