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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Bonnie L.
How do I find out what my spouses benefits will be before my divorce is final?
R.F.
Hi Bonnie. Please keep in mind that 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.
Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
kathy b.
we are both 63 I recieve a check from ss for 740.00 a month my husband gets his VA disability chech each month what i need to know is can I reapply for his ssa because he made more money than I did which will make my check more
R.F.
Hello Kathy. Your benefit as a spouse can be equal to one-half of your husband’s full retirement amount only if you start receiving those benefits at your full retirement age.
If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for.
Also, keep in mind that if you qualify for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.
Generally, during your initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. Please call our toll free number at at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Thanks!
Patricia C.
I am 68 years old and started drawing my SS at 62. I have recently remarried my Ex and want to know if I can draw off of his SS record? He earns approx $1200 and I earn $860.
R.F.
Thank you for your question, Patricia. Please keep in mind that when a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. Also, keep in mind that benefits for you as a spouse can be equal to one-half of your husband’s full retirement amount –ONLY– if you start receiving benefits at your full retirement age.
If you qualify for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.
To find out if you qualify for a higher benefit amount on your husband’s record, 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!
Shahveer J.
Hi, I had a green card and am fully vested for Social Security Retirement benefits. But I no longer have a green card nor am I a US citizen,
Am I eligible to receive SS retirement benefits?? Of course Income Tax may be deducted at source.
R.F.
Generally, Non-citizens must provide proof of lawful presence in the United States. Please visit our Frequently Asked Questions web page: “Noncitizens” for more information. Section RS 00204.000 of our “Program Operations Manual System” provides specific guidance for eligibility criteria on this topic.
For further assistance, 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!
Joanne L.
If u get denied for SSI.?does that mean you get denied for SSDI?.
R.F.
Thank you for your question, Joanne. Generally, when you apply for disability benefits, we take applications for both programs: the Supplemental Security Income (SSI) and the Social Security Disability Insurance program (SSDI).
When it comes to qualifying for disability benefits under SSDI program, individuals must have worked long enough–and recently enough–under Social Security to qualify for disability benefits. The SSI program is a needs based program that gives cash assistance to people with limited income and resources who are age 65 or older, blind or disabled.
If you have excess income or resources, you can get a “technical denial” for SSI. However, if you’re found to be “currently insured”, your SSDI-disability claim will go through the process to get a medical determination. We hope this information helps!
margaret s.
my son in law 65 in june can he claim for his wife who is 51
R.F.
Hi Margaret. Your son in law’s wife may be able to get benefits on his record, if she is at least 62 years of age and your son in law is receiving retirement or disability benefits. See Benefits For Your Spouse for more information. Thanks!
EVA A.
My husband and I are now both 62 and receiving social security benefits based on our own individual earning records but his is higher than mine. If he dies, can I switch to his benefits? Thank you.
Rose B.
My husband died on the day we were married is th ere any way I can draw his Social Security rather than mine. Another question when I applied for Soc Security years age my ex-husbands soc security was less than mine.so I didn’t use his.. Now in the last 5 years he was given some land by a friend and has lots of money Is there a chance I could now draw off his Soc,Sec?
Shareen L.
Where do I go to register for SS even though I am not going to retire at age 65. I believe I have to reigster anyway, is this correct?
J.Y.
Thanks for your question, Shareen. You should apply for Retirement Benefits no more than four months before the date you want your benefits to start. Benefits are paid the month after they are due. So, for instance, if your benefits start in April, you will receive your first benefit payment in May. For more information on when and how to apply for retirement benefits, visit our Retirement Planning page.
In the meantime, you can also create a my Social Security account to review estimates of your (future) retirement, disability, and survivors benefits, your earnings record, and the estimated Social Security and Medicare taxes you’ve paid. We hope this helps!
Lila F.
I am 70 years old. Will my Social Security benefit that I receive as a widow be affected if I remarry?