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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Carol T.
In reading the above information, I understand it to say that since I filed for “my” social security benefit at age 66 and didn’t file for ex-spouse benefit at the same time, I am unable to get this?
R.F.
Hello Carol. Generally, when you apply for Social Security benefits, during the initial interview, we explore for other possible eligibility that can pay you a higher benefit amount.
Unfortunately, and because of security reasons we do not have access to personal records in this blog and cannot answer your question at this time. One of our representatives should be able to provide you with an explanation and answer your questions about this matter.
To speak to one of our agents, call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. or visit your local Social Security office for further assistance. Thanks.
Dee F.
I am 60 and getting a divorce, I work full time as Assistant General Manager for a Hotel and my soon to be ex has a fulltime job, he is 55 years old. When I get ready to retire can I also consider his SS, we were married for 32 years.
R.F.
Hi Dee. Here are the requirements to receive benefits if you are divorced:
• You are unmarried;
• You are age 62 or older;
• You were married to your ex-spouse for at least 10 years;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
Keep in mind that if you’re eligible for retirement benefits on your own record, we will pay that amount first. Our publication, “What Every Woman Should Know” provides more important information. Thanks!
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Tahvam
The he say I am okay to go back to work I am 41 years old and I’ve been on disability for some 13 years now I’m free only have more symptoms and problems now that I’m older with my health and with my comprehension I don’t know where to start maybe you could help me and Lead me in the right direction I’m not sure
R.F.
See Work Incentives-General Information & Ticket to Work Program. We hope this helps!
Patricia
My spouse died at age 67. I was told recently that I was supposed to start withdrawing from the 401K I was beneficiary of when he would have turned 70 1/2. I am on disability and am 65.
Patricia W.
My spouse died at age 67. I was told recently that I was supposed to start withdrawing from the 401K I was beneficiary of when he would have turned 70 1/2
Maye
My husband started an online application for SS but never completed it or submitted anything. Is there any penalty or possible loss of SS benefits if he doesn’t finish and submit the application? He was planning to file and suspend but found out that law had changed so now he wants to wait a few more years to start benefits.He also didn’t have all the documents they requested at that time and had to order a copy of his birth certificate. Before he logged out it said he had 6 months from that date to finish and submit the application or risk losing his SS benefits. How is this possible??
R.F.
Hi Maye, the 6 months period is a “protective filing” period. It helps protect any benefits the individual may be applying for. We suggest your husband contact us for further assistance with his application. He can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Maye
My husband started an online application for SS but never completed it or submitted anything. Is there any penalty or possible loss of SS benefits if he doesn’t finish and submit the application? He was planning to file and suspend but found out that law had changed so now he wants to wait a few more years to start benefits.
Isabel
I started claiming SS at 62, I am now 68. My 1st ex-husband is still alive and receives SS Disability. Can I tap into his SS to supplement my SS. He was my 1st husband and we were married 16 years. I am single and he is married. Is this possible.
thank U
R.F.
Hello Isabel, 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. Sometimes, a person could be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. For example, a person may be entitled as a retired worker on his/her own record and also as a (divorced) spouse on another record. However, this individual’s benefit amount can never exceed the highest of either benefit amount to which they are entitled to. To see if you qualify for a higher benefit than what you are currently receiving, you may call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Gloria R.
I retired under CSRS and receive an monthly payment. I did not pay in 40 Weeks of social security taxes. My deceased husband paid into SS up to age 65.
Our retirement planning and actual retirement fell in the time of change in SS over what was called Double Dipping. I did pay in personally over $9,000.00 as did the companies where I had worked. There is $18,000.00 that just went poof. If I did that to the US Government it would be fraud but I call it taking something that does not belong to them. I have been denied spousal benefits because I worked hard to achieve the American Dream only to have it jerked from me without forewarning. I feel robbed by my own Government.