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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Don
I’m not sure if your toll free number is toll free outside of the USA.
Don
I am 62 and married to a Philippine lady with no US social security number, only an ITIN. My online social security retirement application won’t let me proceed without her SS number. May I enter her ITIN number instead? I’m not applying for her, just for me.
R.F.
Hi Don. Please call our toll-free number, 1-800-772-1213 for assistance. Representatives are available between 7a.m. and 7p.m., Monday through Friday. When calling, you’ll have a shorter wait time if you call later during the day or later in the week. Also, you can apply in person at any Social Security office. If you cannot complete your application online or you decide not to finish applying online, for whatever reason, even making an appointment for a later date in the future will provide with “protecting filing” and avoid any loss of your benefits. Happy retirement!
Don
I am currently in the Philippines. I’m not sure if they have any Social Security offices here.
R.F.
Our apologies Don. For assistance related to your Social Security benefits, please contact your local U.S. embassy or consulate. Also, our Office of International Operations home page provides more information to assist our customers living abroad. Thanks.
Don
Is that 7am to 7pm CST? We are 13 hours ahead of CST.
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Hello I am received SSN Benefits at 66 and still working full time for Civil Service. I want to retire on Sept 8, 2017 and want to know the windfall for my Social Security. My pension will be $1476 a month. Right now I am getting $1008 from Social Security. Can you give me a guesstimate how much money I will have a month. Single no spouse. Also when do I let Social Security know when I am going to retire. Thank you
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