What You Need to Know About the New Laws for Claiming Retirement Benefits
Reading Time: 2 MinutesLast Updated: August 19, 2021
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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About the Author
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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Marty
Hi Ray – Quick question for you on suspending benefits. Am I required to pay back all the benefits that I have received when I request to suspend retirement benefit payments? I will have reached my full retirement age and I will have been receiving benefits for more than 12 months when I make this request. The below SSA.gov link is confusing and I have heard that you are not required to pay back benefits with this suspension scenario.
https://www.ssa.gov/planners/retire/suspend.html
R.F.
Hi Marty! You are only required to repay all the benefits you received when you withdraw your application for retirement benefits. However, you cannot withdraw your application if 12 months or more have elapsed after you became entitled to retirement benefits.
Pam
My husband is 72, he has been collecting SSI since he was 62. he does not work. I am turning 66 end of Sept 2016. He is more than 4 years older than I am and I was born in September 1950. I am still working – and plan not to apply for my benefits until 70. If I understand what I have read on SS website – I can file for spousal benefits – do a restricted application – and not file for my benefits until 70,- is that correct?
R.F.
Thank you for your question Pam. For clarification, there are no spousal benefits with SSI benefits, your husband must be entitled to retirement benefits if you want to apply for spouse’s benefits. Perhaps you meant Social Security Retirement Benefits. According to the new law, anyone who was at least 62 in 2015 can still file a “restricted claim” for spousal benefits after reaching their full retirement age (currently age 66) and wait to file for his or her own retirement benefits later (while earning Delayed Retirement Credits). We hope this helps.
Judy
I already apply my own Social Security benefit at age 62 with discount benefit. Now my spouse start apply retirement benefit at age 68. I still have another 5 months to reach full retirement age. Can I postpone my spouse benefit until full retirement age 66?
Sylvia
My spouse passed away 7 years ago after we were married for 34 years. He claimed SS for a few months after he was 62, then suspended his claim and went back to work. He passed away without ever collecting any more benefits. Since I was working I never made a claim to his benefits. I will reach FRA in April and plan on claiming for benefits and keep working for a time. I believe my husbands benefit would be higher than what mine will be. Can I claim mine upon reaching FRA and switch to his when I do stop working, or claim his, keep paying into mine, and see which is higher when when I stop working and make a switch if necessary. Is this option at all possible? I don’t really know what my options are.
R.F.
Good question Sylvia. In many cases, a widow can restrict the scope of her application and start receiving her survivor’s benefits, while delaying her own retirement benefit and earn delayed retirement credits. The rules are complicated and vary depending on the situation. You cannot apply for survivor’s benefits online. If you decide to apply, or wish to make an appointment to speak with one of our representatives, you will need to contact your local office, or call our toll-free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. for assistance. Thanks!
Gertha E.
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Gina
I was married 39 years, I am 66 in 25 days and have been claiming my SS retirement of $183 a month since I was 62. My husband was younger than me (62), was working full time, and suddenly passed away a month ago of a heart attack. I went to my local SS office, and filed for widow benefits and was told I would receive my husbands SS which is higher than mine. but when I received my letter today it stated that I would be receiving my husbands benefit along with my own benefit which will be combined. I don’t understand…. I thought that you couldn’t get both benefits, just the one that is higher? Can anyone please explain this to me? Also, the my husbands SS statement in 2015 stated that his full retirement benefits at 65 was $2393.00 a month, but the letter I received today stated that I would get $160 less that what his statement said he was getting at full retirement. Is it reduced because I claimed 25 days before my 66th birthday? I told the agent during my interview that I wanted to get his full retirement benefit and that I wanted to file my claim after I was 66, but it looks like he didn’t do that.
..
Hello Gina. We regret the loss of your husband. Sometimes, a person could be entitled to more than one benefit at the same time and may receive a combination of benefits equaling the higher amount. In your own case, you are eligible for retirement benefits on your own record, which you are currently getting at $183/monthly. We will pay that amount first. Since the widows benefit from your husband is higher, you will also get an additional amount from his work record so that the combination of your own retirement benefits and his equals that higher amount. In addition, because you were already receiving retirement benefits before applying for widow’s benefits, you can’t re-file for retirement at a later date to receive an increased amount.
Please visit our Survivors Planner to learn more.
As to your second question regarding the estimates on your husband’s Social Security statement, keep in mind that the benefit amounts provided on the Statement are just estimates as we cannot provide the actual benefit amount until you apply for benefits. Hope this helps.
Marianne K.
This question is in addition to the one I have previously asked — I am receiving alimony until the age of 71, will that impact when I can begin receiving benefits and whether or not I can begin receiving Medicare before the age of 71?
Marianne K.
My ex-husband is five years younger than I am, we were married for over twenty years, so I am eligible to receive half of his SS benefits (I was a stay-at-home mother during the bulk of our marriage and his contributions were far greater than mine). From how I understand the new regulations, I am required to wait until he begins to receive benefits when he retires. Is that correct? I am currently 55 and he is 50 — at what age can I begin to collect on his social security, and at what age am I eligible for Medicare?
Francis G.
I worked in the US for 9 years, and for 5 years i worked 2 jobs paying full ss on both jobs. When I am 65 am I eligible for retirement ?
gary h.
if everyone that’s retired and has thier ss stopped taken out next year and puts the money in a escarole like I’m going to do then when we get our ss raises we will pay into ss .if we have to pay into it we should get something back from it.these people comeing into our country get it and never payed into it and congressential really needs a raise since their stupid enough to say the cost of liveing hasn’t gone it well let them start paying for grocery health insurance car insurance house insurance gas to heat your houses electric bills water bills our water went from eighty dollars a month to two hundred but we the people on ss can afford it medicene gone up doctor bills hospital bills ans our brilliant goverment says nothing gone so we don’t get a ss raise.well goverment wake up.trade us jobs and see if you can live on our income