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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sharon
Where would I find the information I asked for which was; Does the social security office have the information of the dates a couple was married who has received social security benefits?
Christina L.
48 year old 100% physically disabled army veteran, 100% mentally disabled with a ss. Will never work again. Never married, no kids. No spousal or dependant extras
for me. No SNAP, or LIHEAP, or any other help whatsoever. No vehicle, very rarely any food. Edging ever closer to homeless. I am sick of the useless articles, the photographs of ss employees in their nice suits, accompanied by their big condescending smiles that scream how their lives, whether disabled or retired, will absolutely never be reflective of whom they will never actually truly represent or bring benefit. They should receive only an income comparable to
those that are least fortunate because of them. Let them be hungry and cold and on foot, raped by the system, unhealthy, and lacking any possible means of that realty ever changing.
Sue
I have been on social security disability since the age of 50 and am now 62. My husband turned 66 November 25th of this year. My husband became disabled in Oct. 2014. I believe he filed for Social Security Disability in 2015. He was approved and was back payed and deemed disabled in 2014. When he turned 66 this year (Nov. 25th) and his Social Security Disability converted to Regular Social Security he suspended it opting to allow it to Grown until age 70. He was born in 1951 and I in 1955. He drew and will draw the larger amount of money on his earnings than I . That is the background. As you know they changed all the rules in 2015-2016 for file and suspend, and spousal benefits. We are trying to get a straight answer on whether her can based on his birthday, my disability, restricted application rules and or spousal benefit, if he can draw on my Social Security Disability family benefit, or spousal benefit. We have gotten two totally different answers from our local office and Social Security Administration main office to that question. One say’s he can, one say’s he can’t. If he can we want to know if it will affect either of our future payments when he resumes at 70 and mine converts over to regular Social Security Income when I turn 66 and 2months. Can you give us the definitive answer we are looking for, so when we sit down for out appointment on Jan. 17th we will have the answer with supporting documentation to give if needed?
R.F.
Unfortunately, your question is a bit more complex than we can answer in this forum. For your security, we do not have access to personal information in this venue. Please continue working with your local office or call 1-800-772-1213, M-F between 7 a.m. and 7 p.m. and ask a representative to assist you. Thanks!
Linda D.
I got my social security in the year 2013. That same year my husband of 37 years decided he didn’t want to stay married. I need to claim his social security. He turns 62 this coming October. I am 69 and will be 70 next October. I also hurt myself at work and am on Workman’s Comp. Could be facing surgery. Please help me to figure out the best situation for me
I look forward to hearing from you and Merry Christmas
R.F.
Thank you for your question, Linda. If your ex-spouse does not apply for retirement benefits, but qualifies for benefits at age 62, you can receive divorced spouse’s benefits on his record as long as you have been divorced for at least two years. Keep in mind, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we 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. To see if you are eligible for a higher benefit than what you’re receiving now, you will have to contact us.
Please visit our Retirement Planner: If You Are Divorced for more information. Happy Holidays!
gardell h.
I’m on disability at 64 years of age and working part time. $810.00 is the amount allowed per month before being tagged. Is the year 2018 changing to a higher bracket. I only work or get payed about 450.00 to 600.00 per month and I’m safe but is that going to be a higher amount in 2018. I can’t work more because of the pain but my employer lets me rest often.
pamela b.
I just want to get off medicad social security benefits and get regular social security and regular medicare not through aid. I want to start mine when I reach age 65 on may 17, 2018 and born 1953.
MARGARET M.
If I took my retirement benefit at age 62 and also receive benefits under my spouse, but now divorced him, do my benefits change. Also, if I remarry at 70yrs. old, would I get new spousal benefits under my new 70 year old husbands earnings, only for at my early retirement age of 62 or my current over full retirement age of 70?
Ramona
I’ve been disabled for years and collecting an L and I lifetime pension as well as SSD, until I turned 62. It was then offset. I decided to ‘retire’ early so that I could afford to pay for medicare (prior offset, didn’t leave enough SSD for that auto medicare deduction). In January 2017, I finally was receiving Social Security ‘Retirement’ benefits as well as my pension, only to be informed by L and I…that my pension were be subject now to offset of that extra $500 plus a month. Unfortunately, the very next month my husband died. A few months later I tried to ‘suspend’ my own retirement benefits and collect just my widows benefit (learning it would not be subject to offset being under another ss#). I was told I could not. Not being explained well at all, I am still very confused, all the literature I read says I can.
Earl L.
I am 89 years old,will be 90 in January, Lord willing. I receive SS of 799.00. My wife just passed away, Nov. 28th,2017. Her SS was over 900.00, and we barely made it. What am I suppose to do about trying to claim her SS ? Can this be done online ? Her name was Margaret R. Baker. Thank you,
R.F.
We are sorry for your loss, Earl. Unfortunately, you cannot report a death or apply for survivors benefits online. To apply for survivors benefits you will have to contact us. We will check to see whether you can get a higher benefit as a widower.
Please call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or you can contact your local Social Security office directly. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone. Thank you.
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