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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Nesler E.
I turned 62 Dec.5 2017 and signed up for s.s. on Dec 15 and received my first check on Feb. 9 2018 for one month. I thought it was to be for two months Dec and Jan. My wife turned 64 on Oct 4 2017 and signed up when I did and got her first check for two months worth of benefits in Dec . why is my first payment for only one month instead of two
Gene K.
My wife and I both turn 66 this coming June and July. If she begins taking her social security benefits, can I file a restricted application for spousal benefits only on her record?
Allowing me to receive spousal benefits for 4 years until i start to receive my social security benefits?
Charlene Q.
I was married 9yrs and 6mo. we had two kids.I did not want the divorce but he did.We have been divorced 13 years now.I have a 13 yr old son and a 20 year old daughter.I’m 53 and never married again.Can I draw SSA from my x husband ?
Charlene Q.
joco1945@aol.com
Jo
full retirement for me is nov14,2020 age 66 full retirement for husband is Jun 18,2022 66 &4 months. What happens if I retire at age 66 & husband delays retirement to age 70 Feb 18,2026. He has higher income. Do I get higher rate at time of my retirement ? if I dont will i get an increase when he retires at age 70?
Susan J.
I am currently on SSI For Fibromyalgia,PSTD,Anxiety Disorder, Spastic Colon etc… I turned 62 in October 2017
My question is do I apply for SS?.is it an additional payment? Now as of January 2018 SSI gave me an increase from $735.00 to $750.00. My husband in New Jersey we are married 20 years but separated has a RailRoad Pension from N.J.Transit that he will take at 65 he is 5 years younger or he may already be recieving it, I was told I cannot collect both and I am sure my SS is much less than his. Please advise I am on straight Medicaid and am fine with my Doctors , I just want to know if my payment would increase or will I stay at $750 per month Thank you so much Sincerely Susan Jan Varca
R.F.
Thank you for contacting us, Susan. Please keep in mind that the Supplemental Security Income (SSI) is a needs-based program that pays benefits to disabled individuals based on financial need.
First of all, if an SSI recipient is insured and qualifies on his or her own record for their own retirement benefit, they are required to apply at age 62. We conduct “redeterminations” periodically to identify SSI recipients who –at any time- are potentially eligible for any or other Social Security benefits on their own record and the records of others (e.g., spouse’s, divorced spouse’s or widow’s benefits). Failure to apply for additional benefits will result in suspension or termination of their SSI benefits.
To see if you’re eligible for a higher benefit amount on your own record, or on your husband’s record, contact your local Social Security office. If you’re unable to visit the local office, call our toll free number at 1-800-772-1213. 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 during the day or later in the week.
Christina P.
Please reply
Christina P.
I want to go back to working again.I already got my 1st check and also for my little girl who is 6 years old..It seems I need to wait til I’m 70 yrs.To be able to live on that amount.My husband is still working.I am 65 yrs..Can I stop it and what penalty will I get .
Cecelia A.
You have not answered my question. My question was “if I paid into SS since I was 14, I am now 75, I am collecting SS at this present time. Why do I still have to pay into SS even though I am working part time.” I feel I shouldn’t have to pay any more SS because I’ve done my share.
D'Ann K.
my husband will be 62 an is going to collect his social security. i will be 62 5 days later and want to know if i can receive half of his social security which is higher than my full amount 900 verses 760 or do i need to wait till im 66 an 3 months to get half of his?
R.F.
Thank you for your question. Section 831 of “The Bipartisan Budget Act of 2015”, made some changes to Social Security’s laws about claiming retirement and spousal benefits.
If you turn 62 on or after January 2, 2016, and will be eligible for benefits both as a retired worker and as a spouse (or divorced spouse), then the new law applies to you and the option to take only one benefit at your full retirement age no longer exists.
If you file for one benefit, you will be effectively filing for all retirement or spousal benefits. See our Retirement Planner: Benefits For You As A Spouse for more information.
Ronald F.
my question is if I delay my benefits after I have reached full retirement age, 66 for me, and I don’t pay anything else into my social security account, I stop working, will my benefits still increase annually until 70.
R.F.
Great Question, Ronald! Delayed retirement credits will be added for months of non-payment between your full retirement age and age 70 regardless of whether you continue working or not. If you decide to delay your retirement, remember to sign up for Medicare at age 65.
Please visit our Retirement Planner for more important information.