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
Comments
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Michael J.
My benefits are being garnisheed by Passaic County Probation dept in Paterson, NJ. Part of this is probably for Alimony (of 300.00 per week) and in addition they are taking out the remainder of the 65% allowable deduction for child support. My youngest child is 22 years old and should have been emancipated 3 years ago. I now live in Miami Florida and can not attend to this situation wilhout hiring a NJ lawyer, which I cannot afford. Can you help or advise me in any way??? Thank you. Michael J. OKeefe *** – ** – *** SS#
R.F.
Hello Michael. Please visit our Frequently Asked Questions web page on “Garnishment” for information on this topic. Thanks!
Executive L.
Appreciating the hard work you put into your site and in depth information you offer. It’s great to come across a blog every once in a while that isn’t the same out of date rehashed material. Fantastic read! I’ve saved your site and I’m adding your RSS feeds to my Google account.
R.F.
Thank you! We’re pleased we can help. We try hard to provide the best possible service to our customers and your satisfaction is our reward.
Carmen M.
I try to apply for windows benefit butI still working ..I went to Social Security office they told me that a not qualified because I made too much…that true
R.F.
Hello Carmen. Yes, there are limits on how much survivors may earn while they receive benefits. See Getting Benefits While Working for more information.
Joyce B.
Mass should give entire amount of earned social security to people that received Mass retirement. I am an RN worked in DMH in Mass, and also worked in places earning social security. My SS is 957.00 per month, and when I recently applied, was told I will only get 525.00 per month, which I do not believe is fair. Mass should let us have what we earned for social security. I understand Mass was one of only 6 states doing that in the early 1980’s.
R.F.
Hello Joyce. A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers, some teachers and nurses) may cause the amount of your Social Security benefit to be reduced.
Your benefits can be reduced based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. The Government Pension Offset may reduce your Social Security spouses or widows benefits.
annkingsley
I’m 74 and not on part B of SS. Can I apply for it now?
R.F.
To learn more about the Medicare enrollment periods visit http://www.Medicare.gov. For specific questions about your case, call 1-800-772-1213, M-F between 7 a.m. and 7 p.m. and ask a representative to assist you, or you can contact your local office directly. Thanks!
ruby H.
Does each state have laws that differ on earnings you can make after reaching FRA?
R.F.
Hi Ruby, Social Security benefits are federal administered programs. If you work and are full retirement age or older, the amount you make at work will not affect your Social Security benefits, no matter how much you earn. Please read our publication “How Work Affects Your Benefits” for more information. Thanks!
Charles K.
Hello, I am 64 on 7-1-18.. I plan to retire at my 66th B’day.. I should have company health insurance till then.. At what point do I need to notify SS and Medicare?
Erin K.
I have a question:
I am 51 years old. I have had Type 1 diabetes 45 years in October. I have Chronic Kidney Disease, hypothyroidism,hypertension,high cholesterol,sleep apnea, and ,hematuria. I work 40 hours per week, and now my diabetes seems to be affecting my work more. My employer does not allow part time work. I do not want to get fired what can I do?
R.F.
Hello Erin, Social Security pays disability benefits to people who are unable to work because of a medical condition that is expected to last one year or more or to end in death. However, if a person believes they are disabled and meets our definition of disability, we encourage them to apply for disability starting from when they became disabled. For more information visit our “Frequently Asked Questions” web page on disability. Thanks!
Eugene J.
I am wanting to find out if I can receive social security benefits on my grandchild. I started receiving my social security at age 62, which was 3 years ago. I am now 65. I have full custody of my grandson and I was told that I may be able to receive social security benefits on him since I have custody. What are those guidelines regarding custody of a child. I have had custody of him for over 14 years and have never received any type of benefits for him.
R.F.
Hi Eugene. Under current law, Social Security can only pay benefits to grandchildren if certain conditions are met. Generally, the biological parents of the child must be deceased or disabled, or the grandchild must be legally adopted by the grandparent.
See “Benefits For Grandchildren” for more information. Thanks!
Sharon H.
What is the maximum amount you can make and draw social security if you are not full retirement age?
R.F.
Hi Sharon. For 2018, the earning’s limit for a person under full retirement age is $17,040. See “Getting Benefits While Working” for more information on this topic. Thanks!