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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Melvin L.
As an executive who was employed by the US Treasury Dept, I hope they will allow the professionals do their jobs w/o someone making unnessary changes to work of those people whose job it is to make positive revisions~
Janis M.
I will be 62 on 10.18.18 I want to retire at the end of the can I draw part of my husband’s benefits?
R.F.
Hello Janis, if you were born January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits.
If you qualify and apply 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. Thanks!
Ronnie
I have a sibling who will be turning 62 in January of 2019. He is not well and wishes to start drawing at this age. When should he sign up? What documents does he need to take with him. I will driving him to go and help him. Please let me know what he will need.
Thanks,
R.F.
Hello Ronnie. The earliest age you can apply for retirement benefits is 62. Our system is set up to take applications three months in advance. Your brother can complete the online application for his Social Security retirement benefits online.
Also, he can create a my Social Security account to review his earnings record and get an estimate of his future benefits. We hope this helps!
Russell P.
I’ve read a lot of articles but still have not seen anything discussing my wife’s claiming choices. She is 6 years younger than me. I will claim at age 70 (Aug 2030). Her spousal benefit will be larger than her work record benefit. At age 62 (Aug 2028) can she claim on her work record and then change her benefit at her FRA (Age 67 Aug 2033) to a spousal benefit? Thank you.
R.F.
Hello Russell. Section 831 of the Bipartisan Budget Act of 2015 (BBA) eliminates aggressive claiming loopholes related to “deemed” filing and voluntary suspension of benefits.
See “What do the Recent Social Security Claiming Changes Mean for Me” for more information. Thanks!
CYHTNIA H.
WILL BE 66 1-29-19 WHEN DO I APPLY THANKS CYNTHIA HOLZER
R.F.
Hello Cyhtnia, our system is set up to take applications three months in advance, and you can apply for your benefits online. Remember that benefits are paid the month after they are due. So, for instance, if you want your benefits to begin with the month of January, you will receive your first benefit payment in February.
Please visit our Social Security Retirement Planner for more important information. Thanks!
Gregory K.
I’m a 60 year old disabled widower who was married for 16 years before my still working wife passed away in 2015. I collect SSDI but as with anyone in my position my financial situation has crumbled without 2 sources of income.
I was told by SS at the time of her death I would receive a “lump sum death benefit”…a paltry, laughable, and insulting amount. I never received it. There was some question as to whether her abusive ex husband whom she was only married to for less than 10 years would receive her benefits but I haven’t checked with SS on that since her death; because of the obvious and because I couldn’t keep our home and had to move. I only write this part in the event you have advise for what to expect.
Having said that my question here is…where does a deceased spouses SS contribution go and how is it justifiable for our government to literally steal a contributors lifetime SS bank? Doing so relegates the survivor to a life of hardship and poverty. Why are we punished for losing a spouse who we mutually supported each other all the years SS ‘contributions’ were being made? It isn’t fair at all. Especially in light of verifiable proof politicians in the USA have systematically raided the SS trust with the stroke of a pen and used the illgotten monies for completely unrelated uses? Moreover, how can the current practice/regulations regarding a deceased spouses account be changed to insure their working life bank goes to the logical (and morally correct) hierarchical recipient instead of being squandered or misdirected?
Thank you in advance for your reply.
Gregory King
Kenosha,WI
justgreg@wi.rr.com
R.F.
Thank you for your comment, Gregory. Unfortunately, and because of security reasons we do not have access to personal records in this blog. One of our representatives should be able to provide you with an explanation. Please 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 experienced a shorter wait time if you call later during the day or later in the week. Or you may contact your local Social Security office directly.
Kristy S.
My husband is retired and currently drawing social security. I am going to start drawing my social security in December of this year. How do I know where to draw off my own or draw off his? Which will be the most money?
R.F.
Thank you for your question, Kristy. If you qualify and apply 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.
If you were born before January 2, 1954 and have already reached full retirement age, you can choose to receive only the spouse’s benefit and delay receiving your retirement benefit until a later date. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits.
Generally, during your initial interview to apply for your Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. See “Benefits For You As A Spouse” for more information.
To learn more about your Social Security benefits, visit our Retirement Planner. Thanks!
Daria m.
Can a Widow Take her benefits until age 66 then take her husband
R.F.
Hello Daria. In many cases, a widow can begin receiving one benefit at a reduced rate and then, at full retirement age, switch to the other benefit at an unreduced rate. The rules can be complicated and vary depending on the situation. You will need to speak to a Social Security representative.
You can call our toll-free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or you can contact your local office. Thanks!
Saurin S.
I am turning age 62 and working full time should I apply for spousal benefits and how will it affect my benefits
Luba L.
I just started receiving my SS benefits a s a retiree. At the time that I applied, I was told that my spouse could also receive “deemed” benefits. I agreed to have my spouse receive the deemed benefits. My benefit arrived but my spouse’s deemed benefit did not. When I called to follow-up I was told my spouse has to apply for the deemed benefits. In other words I cannot apply on his behalf. Is that correct? I/We seem to constantly be getting different answers from SS.