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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my mom retire and my dad die(august 14,2016)at home)and now I am not working and taking care of my mom(my brother working(full-time)and me looking for job(i am worry about my mom at home at alone)what should I do(I am looking for full job and but no luck and what can i do(am I going to loose my social security benefit /if i am not working(since October 1-2016-October 2017)My name Gloria Macawile Cabuco)I am afraid leaving my mom alone at home(even she is retired(home alone)what should i do)I been apply so many job in website but no luck(worry about my mom alone at home)
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When I turn 62, my son will be 16 and in high school. If I take early retirement at 62, can my son get 50% of my FRA?
If yes to above, if I suspend mine once at 64 and I keep suspended until 70. This from 64-70, does my growth go up 7-8% per year or at the cost of living(1-2%) for that 6 period?
Thank you
R.F.
In general, the children of retired, deceased, or disabled beneficiaries who remain full-time students at age 18 are entitled to benefits until they reach age 19 or complete their secondary (grade 12 or below) education, whichever occurs first. Within your family, each qualified child may receive a monthly payment up to one-half of your full retirement benefit amount. However, there is a limit to the amount we can pay your family. Effective April 30, 2016, if you voluntarily suspend your retirement benefit and you have others who receive benefits on your record, they will not be able to receive benefits for the same period that your benefits are suspended. Please call our toll free number at 1-800-772-1213 if you have additional questions. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later in the week. Thanks.
Kristen T.
A friend of mine is on ss disability, reason is on count of a eighteen wheeler wreck. He has someone staying with him taking care of him full time because he is not supposed to be by his self any at all. His Cardiologist said his health was terminal and catastrophic meaning it is not going to get any better and that a stroke or heart attack is inedible and was going to happen to prepare for it. With all of that being said will the lady that is now his caregiver be able to apply for any type of help from ss for some income to help her out seeing as she don’t have a job, but she is his full time caregiver:24/7
~ If so how should she go about applying for income help for being his caregiver?
~ Is there any specific info that they would need to know?
~ Also if she decides to further her life and have a degree of some sort in health care would it be possible for her to get help from ss in getting a degree?
R.F.
You can get information about services in your area from your state or local social services office. You can also visit the U. S. Department of Health and Human Services (HHS) web page for more information. We hope this information helps.
rebecca d.
I will be 64 in Sept,I am on disability social security,which I was told it would switch to regular SSI at 64.My question is when can I start drawing on my husbands SSI to add more to my income
R.F.
Hi Rebecca. If you’re referring to disability benefits (SSDI), these benefits automatically change to retirement benefits when disability beneficiaries attain their full retirement age. To qualify for spouse’s benefits, your spouse must be receiving retirement or disability benefits. Keep in mind that if you qualify for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. Visit our Retirement Planner: Benefits For You As A Spouse for more information.
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My mother lived with me for 5 1/2 years and she was 79 year old and received a social security check monthly on the 15th of each month and she passed on the 2 of that month. Her check will go directly into our jointly checking account. The question I like to know, do I gave to return that check for that month?
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Hi, Denise. We are very sorry for your loss. Social Security benefits are paid the month after they are due. Based on the date of death, your mother was due the payment but since her death occurred before the payment date, her benefits may be returned. We may pay amounts due a deceased beneficiary to a family member or legal representative of the estate. See “Claim For Amounts Due In The Case Of Deceased Beneficiary” for more information. In some instances, the financial institution will automatically return payments upon notification of the beneficiary’s death. Typically, the funeral director notifies us of an individual’s passing by sending the deceased person’s death certificate to the local Social Security office. However, you may report the death of your mom’s passing, by calling our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. to 7 p.m. Thanks.
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