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
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Debra
We are so confused… My wife has been on SSDI since 2009 and we just got married in 2014. 1.Would suspending her SSDI, benefit us? 2. Will she be eligible for my benefits,if I passed? 3. Will I be able to retire at 67 or will I be forced to retire at 62 because of her disability changing to retirement at 62?
Della
I have a question…..I started on Survivor’s Benefits at age 60. Can I switch to my Social Security record at age 70? I understand that it increases at 8% per year until age 70.
Thanks for a reply.
R.F.
Hello Della. If a person receives widow’s or widower’s benefits, and will qualify for a retirement benefit that’s more than their survivors benefit, they can switch to their own retirement benefit as early as age 62 or as late as age 70. Social Security retirement benefits are increased by a certain percentage (depending on your date of birth) if you delay your retirement beyond your full retirement age. If you delay your retirement benefits until after your full retirement age, you also may be eligible for delayed retirement credits. The yearly rate of increase for those born in 1943 or later is 8%. The rules can seem complicated and vary depending on the situation, so talk to a Social Security representative about the options available.
Ginseng
Im 49 and on Social Security disability. my husband is working and will continue to work to full retirement age. when he retires will I be able to file under him to get more money because he worked more than me ? and will I be able to collect widow’s pension when he passes
R.F.
Hi Ginseng. Even if you have never worked under Social Security, you may be able to get spouse’s retirement benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. A widow can receive reduced benefits as early as age 60. Please read our publication “What Every Woman Should Know” for more important information.
Wes B.
I’m age 60 on SS disability my wife is age 64 a retired teacher in Ct Can she get medicare parts A&B through me and when can she start ??
R.F.
Thank you for your question Wes. Your wife could be eligible for Medicare benefits at age 65. However, in order to get free (no premiums) Medicare Part A, based on your record, you would have to be at least 62 years old. If you’re insured but aren’t yet 62 when your wife turns 65, she won’t be eligible for premium-free Medicare Part A until your 62 birthday. In this case, your wife should still apply for Part B at age 65, so she can prevent any penalties or delayed enrollment in the future.
Your wife can contact the State Social Security Administrator who can provide additional information about Social Security and Medicare coverage. Please read our publication “How State And Local Government Employees Are Covered By Social Security And Medicare” for more information.
For specific questions about your case, call 1-800-772-1213, M-F between 7 a.m. and 7 p.m. and ask a representative to assist you, or you can contact your local office directly. Hope this information helps!
Diane
I am 70 years old my husband is 69. He waited until full retirement age to collect SS. We have been married for 24 years. He has a x wife they were married 17 years. Do we both get his SS if he dies? We are in Wisconsin.
R.F.
Thank you for your question Diane. Yes, a surviving divorced spouse could get benefits just the same as a widow, if he or she meets all of the eligibility requirements. Benefits paid to a surviving divorced spouse won’t affect the benefit rates for other survivors getting benefits on the worker’s record.
SId
If an individual is eligible to receive spouse’s benefit only while delaying their own retirement benefit until a later date must the application be the first application to be filed and not have previously filed for his own benefits? If this is true explain.
R.F.
Unfortunately we are unable to recognize the basis of your inquiry. Please feel free to elaborate or call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday, between 7 a.m. to 7 p.m. to speak to one of our representatives. Thanks!
Michael
I started SS benefits last year at 70.
My wife was born in 1953.
How soon (at what age), under the revised SSA law, can she begin spousal benefits using the “spousal exemption”?
R.F.
Hi Michael. If you are currently receiving retirement benefits, your wife may be able to get spouse’s benefits if she is at least 62 years of age. For information on the new law (The Bipartisan Budget Act) visit Recent Social Security Claiming Changes and our Retirement Planner. Thanks!
Janay H.
I would like to get my social security under my ex-spouses social security. Does he have to be receiving social security before I can file for it under him?
R.F.
Hi Janay, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Marie B.
I started receiving social security at 62 two years ago. My husband will be 66 next year. Can I receive spousal benefits then? Does he need to retire or can he suspend in order for me to claim spousal benefits which would be much higher than my own?
R.F.
Hi Marie. Your husband would have to be receiving retirement or disability benefits in order for you to receive benefits on his record. Also, under the new law, your husband could still voluntarily suspend his benefit payments at his full retirement age (currently 66) in order to earn higher benefits for delaying. But during a voluntary suspension, other benefits payable on his record, such as spouse’s benefits for you, are also suspended. Please call our toll-free number at 1-800-772-1213 for further assistance. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later in the day, or later in the week. Thanks.
David G.
My father passed away in 2004 and my mother never applied yet for his social security benefits. She just turned 70 this year. Can she go back and get his benefits from all that time ago
R.F.
Thank you for your question David. A widow of a person who worked long enough under Social Security can be eligible for benefits at age 60 (age 50 if disabled). Generally, we allow retro-activity payments up to six months for retirement and survivor claimants, only after the applicant has reached his or her full retirement age. If your mother needs information about possible survivor benefits, or to find out if she qualifies for benefits, she can call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available between 7 a.m. to 7 p.m. Monday through Friday, but you will generally have a shorter wait time if you call later in the week. We hope this helps!