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.
Dianna K.
I am on disability will I get more when my husband retires? He is 65 I am 64
R.F.
Thank you for your question, Dianna. You will need to check with us when your husband applies for his benefits.
Under current law, if you qualify for benefits on your own record, we pay that amount first. If the benefit on your spouse’s record is higher, you’ll get an additional amount on your spouse’s record so that the combination of benefits equals that higher amount. Sometimes, a person may be eligible to more than one benefit at the same time. For example, a person may be entitled on his or her own record and as a spouse on another record. However, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled. For more information, please see our Benefits Planner for more information. Thanks.
Paul P.
If I turn 65 in September of 2018 …if I wait until January 2019 to retire will I be eligible to draw full retirement?
R.F.
Hello Paul. You can only get full retirement benefits when you attain your full retirement age. If you were born between 1943 and 1954 your full retirement age is 66. Please visit our Benefits Planner web page for more information.
DENNIS B.
I AM HAVING A HARD TIME JUST PAYING FOR MY THE BASIC THING I NEED EACH MONTH. HOW DO I GO ABOUT GETTING A RAISE? I AM 77 YEARS, MY WIFE IS 76 OLD MY WIFE AND I STILL ARE ABLE TO TAKE CARE OF OURSELVES. SHE DRAWS A VERY SMALL CK FROM S/S EACH MO. PLEASE ADVISE. THANKS DENNIS
R.F.
Hello Dennis, some individuals may also be eligible to receive social services from the state in which they live. These services include Medicaid, free meals, housekeeping help, transportation or help with other problems. You can get information about services in your area from your state or local social services or welfare office. Or you can visit the U.S. Department of Health and Human Services web page for more information.
We hope this helps.
Alan W.
I will be 70 in Nov. I suspended my benefits . I have an appointment on 3/21/2018 , trying to find out what my benefit will be when I take my SSI in Nov. what documents do I have to bring with me to this appointment
R.F.
Hello Alan. This web page provides information you need to apply for your Retirement Benefits Or Medicare. However, our system is set up to take applications -only- three months in advance. If your appointment is to gather information about your retirement benefits and your monthly benefit amount, you will only need to show us proper identification. Thanks!
Robert M.
How do I find out if my present SS check includes my military service. 1955-1959.
R.F.
You will need to contact a Social Security representative. You can call our toll free number at 1-800-772-1213 Monday through Friday, from 7 a.m. to 7 p.m. Or visit your local office directly. See our Retirement Planner: Military Service for more information. Thanks!
Mary L.
Am looking for info about a spouse’s eligibility to receive extra benefits while both partners are on Social Security.
R.F.
Thank you for contacting us, Mary. You can find general information about spouse’s benefits in our Retirement Planner. Also, our Frequently Asked Questions web page provides information in regards to same-sex couples. Please keep in mind that your status in a civil union or other non-marital legal relationship may affect your entitlement to Social Security benefits. To contact us, you 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. Or visit your local Social Security office. We hope this information helps!
Mary L.
I’m looking for info about a spouse’s eligibility to receive extra benefits when both partners are receiving benefits.
Marvel A.
I retired at 62, I’m wondering if I should have gotten raise on my check when I turned 65, I am now 67.
R.F.
Thank you for your questions Marvel. The amount of benefits you receive is established at the time you applied for retirement benefits. It is based on the amount of your average lifetime earnings and your age at the time you applied.
Generally, if you continue to work while receiving retirement benefits, your monthly benefit amount could increase. Each year, we review the records for all working Social Security recipients to see if additional earnings may increase monthly benefits. The other way your monthly benefit amount could increase is based on the Cost-of-Living Adjustment (COLA), which is announced each year in October.
Unfortunately, and because of security reasons we do not have access to personal records in this blog. If you need further assistance, you 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. Generally, you will have a shorter wait time if you call later in the week. Thanks!
Linda R.
If I was married then divorced and remarried same man and was married for 10 years and 3 months total can I receive spousal social security
R.F.
Hi Linda! Section RS 00202.005 of our Program Operations Manual System (POMS) provides an explanation.
For specific in your case, call our toll free number at 1-800-772-1213 and speak to an agent. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Laurie B.
If I filed for divorce after 8 years, but by the time the divorce was finalized it was over 10 years, do I qualify, or his recent ex wife qualify for them. I am not sure how long they were married maybe 15 years maybe couple more or less
R.F.
Hello Laurie, according to 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.
Please call our toll free number at 1-800-772-1213 if you need further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!