Q. Why is there a two-year waiting period before one is available for Medicare after being approved for disability benefits? It only seems logical that one who is disabled might be in need of medical assistance! I cannot understand the logic of this provision in the law. Can you explain it to me? I have come to the conclusion that our government expects disabled citizens to die within that waiting period and therefore have no need of benefits. Why doesn’t our government care for the “disabled” Americans?

A. Medicare became law in 1965 to provide coverage to persons 65 years of age or older. In 1973, Congress extended Medicare coverage to Social Security Disability Insurance beneficiaries but only after two years of benefit receipt. The National Committee has endorsed numerous bills that have been introduced in the intervening years to shorten the waiting period for Medicare coverage to disability beneficiaries. None of these bills has yet to receive the support needed to become law.


Q. Have there been any changes regarding Social Security Disability Insurance benefits and investing? Is it still not considered earned income?

A. There has been no change in the definition of earnings for recipients of Social Security Disability Insurance benefits. Earnings are income received from employment or self-employment. Profits on investments are not earnings for earnings limitation purposes or as a measure of whether or not a disabled individual has regained the ability to perform substantial gainful activity.


Q. Is a person receiving Social Security disability also entitled to receive half of the husband’s Social Security retirement? Do a disabled husband and wife have to pay federal or state tax?

A. A wife receives whichever is greater — her own Social Security or half of her husband’s Social Security benefit (reduced if begun before full retirement age). Both benefits are not payable.

There is no provision in Federal tax law exempting Social Security disability benefits from taxation. You will pay tax on your Social Security benefits, based on Internal Revenue Service (IRS) rules. If you file a joint return, and you and your spouse have a combined income that is between $32,000 and $44,000, up to 50% of your benefits may be taxable. If your combined income is more than $44,000, up to 85% of your benefits may be taxable. If you are married and file a separate tax return, you probably will pay taxes on your benefits.

Call the Internal Revenue Service at 1-800-829-3676 for a definitive answer to tax questions. State law determines how benefits are taxed by the state.


Q. I am a teacher in Texas and am ready to retire. I have the option of my husband receiving my full benefit or half of my benefit if I should die. How would this affect his Social Security benefits when he is eligible? Would you advise this? He does not have this type of pension, and I don’t want our kids to be burdened when they need to take care of us.

A. A survivor public annuity never affects a surviving spouse’s right to his or her own Social Security retirement benefit. The Social Security Act’s anti-windfall provisions were repealed in January, 2025, so your pension will not affect either your benefits or your husbands’.


Q.  I called a local Social Security office yesterday to make an appointment for my wife and me to file for benefits. We have both reached full retirement age. The agent asked me when I wanted to start benefits. I didn’t know we had a choice. What answer should I give when we go to file?

A. You have the right to specify the exact month you want your Social Security benefits to begin. Benefits begun before full retirement age are reduced for each month of early retirement. Benefits begun after full retirement age are increased for each month that a benefit is deferred. This has always been a retiree’s option.


Q.  I am divorced and collecting Social Security. What are the eligibility requirements for my new wife if I get remarried?

A. After one year of marriage, your wife would be eligible for a Social Security spouse benefit based on your Social Security earnings record, assuming she had reached retirement age. If your wife also were eligible for her own Social Security benefit, she would receive whichever is the greater amount — her benefit or a spouse benefit. The one-year marriage requirement for a spouse benefit is waived if, by remarriage, your wife forfeited a divorced spouse benefit based on a prior husband’s Social Security earnings record. This is equally true for husband or wife.


Q.  A Federal retiree who is not eligible for Social Security has elected a 100 percent survivor annuity for his spouse. His wife is eligible for Social Security benefits based on her own work history. When he dies, does she collect the full 100 percent spousal survivor annuity plus her own Social Security or is her Social Security or survivor annuity reduced?

A. Receipt of a Federal Civil Service Survivor Annuity never affects a widow’s own Social Security benefit. This wife, if widowed, will receive the full Federal Civil Service survivor benefit her husband provided in addition to her own Social Security benefit.


Q. About a year ago I purchased a new car. The Credit Union (after a credit check) asked, “Did you know someone else is using your Social Security number?” I called the local Social Security office and was told, “You will have to pursue this on your own. There are no laws on taking on someone else’s ID.” Can you possibly give me some advice on where to pursue this?

A. Depending on the extent to which your identity has been compromised, you may need the help of the Social Security Administration and the Federal Trade Commission. The Social Security Administration has an online publication on Identity Theft and Your Social Security Number. You can also find more information about identity theft and how to report fraud here.


Q. I am eligible for benefits; my husband does not have enough credits. I know he will receive survivor benefits if I die, but does he receive any income if both are alive?

A. When you apply for your Social Security benefit to begin, your husband could become eligible for a Social Security spouse benefit if he is at least 62. At 65, he will be eligible for Medicare based on your Social Security earnings record. Upon your death, your husband will be eligible for a surviving spouse benefit (i.e. widower benefit). Whether a spouse or widower benefit is payable depends on your husband’s earned retirement benefits.


Q. I am 61, in excellent health, make a substantial salary and plan to keep working for 10 (+ or -) years. At what age should I file for my Social Security benefits to obtain the most income over the years from those payments?

A. While this is a difficult question to answer on an individual basis, in general, you may want to consider claiming your Social Security retirement benefit no later than the month you reach age 70. That is the month your benefit reaches its maximum. Delayed retirement credits of 8 percent per year will increase your benefit from the month you reach full retirement age through the last month you are age 69. If you claim benefits at an earlier date, you will receive a smaller payment than if you delay claiming until 70. Delayed retirement credits are the opposite of early retirement reductions. Early retirement benefit reductions and delayed retirement credits are roughly actuarially fair based on average life expectancy. In effect, considering the time value of money, the same dollar value is received whether benefits begin at age 62, at age 70, or any month in between. Earnings over the annual Social Security earnings limitation would limit your option to begin reduced, early retirement benefits. There is no limit on earnings once full retirement age is reached. You may want to begin benefits when you reach full retirement age if you are married and your spouse could be entitled to a benefit based on your Social Security earnings record. After full retirement age, you could apply for and then suspend your benefit in order to earn delayed retirement credits. Your wife’s spouse benefit could continue.