General Questions, Online Services, Retirement

What You Need to Know About the New Laws for Claiming Retirement Benefits

March 14, 2016 • By

Have you heard that some of Social Security’s rules about claiming benefits are changing? Well, it’s true. The Bipartisan Budget Act that passed last November closed two complex loopholes that were used primarily by married couples. We want you to know why this happened, how it might affect you, and what you should do next.

But first, don’t forget that one of the best ways to increase your Social Security retirement benefit is to delay claiming it between ages 62 and 70. Each month you delay results in a higher monthly benefit for the rest of your life. The new law doesn’t change this.

The new law closes loopholes that allowed some married couples to receive higher benefits than intended. Only a small fraction of retirees used these loopholes. Closing them helps restore fairness and strengthens Social Security’s long-term financing.

So what’s changing with the new rules?

  • First, if you are eligible for benefits both as a retiree and as a spouse (or divorced spouse), you must start both benefits at the same time. This “deemed filing” used to apply only before the full retirement age, which is currently 66. Now it applies at any age up to 70, if you turned 62 after January 1, 2016.
  • Second, if you take your retirement benefit and then ask (on or after April 30, 2016) to suspend it to earn delayed retirement credits, your spouse or dependents generally won’t be able to receive benefits on your Social Security record during the suspension. You also won’t be able to receive spouse benefits on anyone else’s record during that time.

For more information about these changes in the law, please visit Recent Social Security Claiming Changes and Retirement Planner.

Deciding when to start your Social Security benefits is a complex and personal decision. You may contact Social Security at 1-800-772-1213 (TTY 1-800-325-0778), or visit your local field office, to speak with a representative about your retirement options. In particular, if you are or will be full retirement age (66) or older before April 30, and you think you want to suspend your benefits, contact us as soon as possible before April 30. But remember, if you want to let your retirement benefit grow, you can simply delay taking it, up to age 70.

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Virginia P. Reno, Deputy Commissioner, Retirement and Disability Policy

Virginia P. Reno, Deputy Commissioner for Retirement and Disability Policy, Social Security Administration

Comments

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  1. Lynda

    I filed for restricted benefits at 66 , receiving 50% of my spouses benefits. Since I was born before 1954 I can now file on my benefits at age 70. Can this be done on line or do I need in person at a SS office?

    Reply
    • Vonda

      Hi Lynda, thanks for using our blog to ask your question. You can apply four months before you want your Social Security retirement benefits to start. Once you’re ready to apply, the easiest way to complete your application is online.

      If you need further assistance, call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.

      Reply
  2. Jeffery natzke

    I will be 62 April 2021 and my wife will be 62 in August of 2021. How soon should we file for retirement benefits?

    Reply
    • Vonda

      Hi Jeffery, thanks for using our blog to ask your question. You can apply four months before you want your Social Security retirement benefits to start. Once you’re ready to apply, the easiest way to complete your application is online.

      If you need further assistance, call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.

      Reply

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