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.
Did you find this Information helpful?
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
Comments
Comments are closed.
Ellen M.
Up to December 03, 1917, my Widow’s Benefits were $1,728 – directly deposited in my bank account.
Since January 03, Feb, 03 and Mar 03, 2018, $14 have been deducted from my Benefits and I would like to know why. I am an American citizen and 80 years old. As of January 2018, a 2% raise was authorized.
Christy A.
I turn 70 on 07/22/18. I don’t want benefits to start until I’m consider 70 and entitled to full benefits. When should a apply on line?
Katharine M.
Regarding Military and Social Security Benefits…
I am 2 months shy of being married 10 years to my Military, ex husband.
Are their any exceptions to 10 year clause specifics for time with him and sharing benefits.
Idkat2001@yahoo.com
Can he choose to include me despite our timeline
Katharine
R.F.
Hello Katharine, according to Social Security our rules, at age 62, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final. There are no waivers for this requirement.
Virginia M.
Is there a new law that lets Social Security drop all benefits for 79 year old women with cancer. It has happened to someone I know.. It doesn’t seem legal. They told her in the letter to get a job. I ask at 79 with stage 4 cancer?
Cynthia E.
I am 64 years old and started taking Social security at 62. I have an opportunity to go back to work and would like to know if I can suspend my social security payments?
Live T.
I’m really loving the theme/design of your website. Do you ever run into any browser compatibility issues? A handful of my blog audience have complained about my website not operating correctly in Explorer but looks great in Safari. Do you have any suggestions to help fix this problem?
https://emergingfranchises.blogspot.com/
Harriett L.
My husband stole my pension from Durham Tech. How can I get the money back to ME. He passed away in 2002.
R.F.
For Social Security Survivors Benefits, please visit: “Benefits If You Are The Worker’s Widow Or Widower“. Thanks.
Terry
What is going on. I went to the local security administration to see this woman under the commissioner officer. She asked me questions and told me I couldn’t draw my ex’s social security because it shows in the data we were divorced. I told her that’s a lie I was in court not you. Then she brang up about 14 yrs they owed me but I never got then had me get back in the lobby to wait for the commissioner. He brang up I couldn’t draw ssa off her because. I got divorce. I told him I will call tell when I leave this building. I asked for her and his name.
betty b.
my ss payments are denied for dec. and jan. i failedto answer mail ss sent me. i have been getting s s for 30 years l am 91 yrs old.
R.F.
We wish we could be more help Betty, but for security reasons we do not have access to personal records in this blog. Your local Social Security office will be able to assist in finding resolution to your situation. If you are unable to visit the local office, please call our toll free number at 1-800-772-1213 and ask one of our agents to help you. 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. Thanks.
Stacy J.
I have gotten my disability check for 2 months An I hope I get 1 today but I have heard nothing about my back pay at all I was just wondering if I was getting any back pay well they said n my letter I would get 7 months An that’s the last I have heard from them