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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Duc H.
Dear Gentlemen.
Next year November 2018, I will receive my SS, At that time my wife will be 64 years old..Can she apply the SS benefit the same time wiith me ? And does she receive 50% from my SS benefit ?
Thanks in advance.
R.F.
Thank you for your question. Your spouse can only get one-half of your full retirement amount at her full retirement age. She can apply for benefits at the same time when you file your application for your retirement benefits. We hope this helps. See our “Retirement Planner: Benefits For Your Spouse” for more information.
Diana
Could I receive all my ss benefits now.
Not draw any more
Joe
Thanks for the reply Ray. But the other question I had was asking will it reflect on my Verification Letter that I receive regular SS benefits instead of SSDI since it converted over automatically. Shouldn’t that also change on the “Verification Letter” for proof of income if needed for an employer instead it reading SSD (Disability) if/when I improve from my disability that I have and also my “Income History Section” on the pamphlet I get from Social Security Dept also saying SSDI (Disability). Since an employer may ask for a “Verification Letter” letter and if I’m over my ailment that would show as SSDI (Disability)which wouldn’t be correct.
Thank You
R.F.
We recommend that you contact your local office or call our toll-free number at 1-800-772-1213. Our agents may be able to describe the type of benefit you’re receiving in the remarks section of the verification letter. Representatives at our toll free number are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
Joe
I’m on SSDI I turned 66 on June 5th,1951 I know that once you turn 66 and was born 1951 that SSDI automatically turns over to regular SS, seeing previous post and reading it on SS booklets and website. So why is it that on my Statements of Payment History shows SS(Disability) along side of payment and my “Benefit Verification Letter” is showing SS (Disability). Doesn’t that change over automatically just to say SS only or did I have to tell SS Department that I’m able to work aprox.as of June 15th -20, since I shouldn’t fall into the 9 month program, I should be entitled to work as if I have regular SS and get a higher amount per year. Was I to contact the SS Department for this change (since I read that it turns over itself and from posts). Doesn’t automatically reflect on my “Benefit Verification Letter” since I use the online service. I a way it could hinder me in getting certain jobs in my class of work, because it say SSDI (Disability) Please clarify.
Thank You
R.F.
If you were born between 1943 and 1954 then your full retirement age is 66. When you reached your full retirement age, we automatically converted your disability benefits to retirement benefits. If you work and are full retirement age or older, the amount you make at work will not affect your Social Security benefits, no matter how much you earn. Please read our publication “How Work Affects Your Benefits” for more information. Thanks!
Joseph
Hello,
I’m collecting SSDI disability of aprx $1450 per month the highest amount for past 8 years worked in past. I read when you turn to full retirement age which in my case is July 2017 your SSDI kick’s over to regular SS for the same amount $1450 in my case. I worked over 40 year which under SSDI was my max amount for SSDI based on their calculations. Question:
1. My understanding reading information from SS pamphlets I would receive the same amount ($1450) which would kick over automatically, is this correct?
2. Being that’s the case to sum it up if I can return to work and SS getting full retirement amount which was $1450 and being 66 I would receive the same amount but under SS working rules, not the 9 month SSDI work program?
3. Once I ‘m able to return to work do I have to notify SS Department in regards working PT/FT employment and follow the SS rules of income amount or can I make as much as I want without any penalty?
4. I understand that SSDI kicks over to SS, but would this reflect on my yearly SS Statement showing SS instead of SSDI and will I receive a letter from SS Department showing my new status from SSDI to SS?
Joseph
R.F.
Thank you for contacting us Joseph. Yes, Social Security disability benefits automatically change to retirement benefits when disability beneficiaries attain their full retirement age. Benefits are not interrupted with this transition and the benefit amount will generally remain the same.
If you work and are full retirement age or older, the amount you make at work will not affect your Social Security benefits, no matter how much you earn. Please visit our Retirement Planner: Getting Benefits While Working for more information. The 9 month “Trial Work Period” and the working while disabled rules no longer apply. You do not have to notify SSA of your work activity. In the other hand, if you’re collecting “retirement benefits” you may have to pay federal income taxes on your Social Security benefits. Every year, we issue the SSA-1099 form, to inform beneficiaries receiving retirement benefits, that a portion of their Social Security benefits may be taxable. Remember that many services are conveniently available anytime at our website. Individuals can create a personal my Social Security account to get general information about our programs and to manage their Social Security benefits. We hope this helps!
Alice
Can i change my husbands benefit from monthly to one lump sum
R.F.
Thank you for your question Alice. Social Security benefits are paid monthly. See: Schedule of Social Security Benefits Payments for information. Supplemental Security Income (SSI) benefits are paid on the 1st of the month. We send benefits the business day before your due date when your regular payment date falls on a Saturday, Sunday or legal public holiday.
anamarlopez
Hello. I am confused about this: 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.”
Does this mean that I cannot collect on my ex spouse’s ss unless he collects at the same time? What if there is no communication with the ex spouse? I read that I could collect on his ss after we were divorced for two years? Without his ss, I cannot afford a place to live. Thank you for any help and maybe I have misread this.
anamarlopez
And we have been married for over 30 years.
R.F.
The new “deemed filing” rules, only applies to individuals turning 62 on or after January 2, 2016.
If you meet all of the eligibility requirements, you may also get benefits on your ex-spouse record when you apply for your own benefit. He must be entitled to Social Security retirement or disability benefits. However, if your ex-spouse has not applied for retirement benefits, but can qualify for them (at age 62 or older), you can still receive benefits on his record if you have been divorced for at least two years. Generally, during your initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. Keep in mind that if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. See more at “If You Are Divorced”.
Dineen
Hi, I will be 65 October, 2017. I was wondering if I can collect my Social Security and defer my ex’s Social Security until I reach 70 and then collect on his.
Thank you.
R.F.
Hi Dineen. Under existing law, if you are eligible for benefits both as a retired worker and as a spouse (or divorced spouse) in the first month you want your benefits to begin and are not yet full retirement age, you must apply for both benefits. You will receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other. For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
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Mamo
How can I correct my age ?. The age documented for me by my father, was 8 years less than my real age.
A.C.
Hi. Thanks for your question. Please visit your local Social Security office and submit evidence of your age and evidence of identity to support the change. We’ll need to see a certified copy of your birth certificate to correct your date of birth on our records. Your valid State ID or Driver’s License or your U.S. passport can be used as proof of identification. If you prefer, we offer the option to mail your completed application with original or certified documents to your local Social Security office or card center. To learn more click here. We hope this helps.