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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DONNA J.
My husband is a retired educator so receives a pension from the State of Maine. I receive a portion of his pension. I will be taking my SS next January. Will the % of his state pension I receive affect the amount I will receive for SS benefits?
Alice
If a person draws a check every month for social security disability do they continue to receive that amount even after the age of 62 or are they taken off of social security disability and placed on regular social security.
A.C.
Thanks, Alice, for your question. Once a person reaches their full retirement age, we automatically convert their disability benefits to retirement benefits, but the amount remains the same. Your full retirement age is determined by your year of birth. To determine your full retirement age, visit our Retirement Age Calculator web page. We hope this helps.
Rita S.
I will be 70 on the 29th of November, 2018. I am receiving Social Security as a widow and a part of my spouses pension and union pension..all totaling about $2050.00 a month. I have a car payment, insurance, rent, ……. If I were to be fired from my fulltime job, can I draw unemployment? I am scared to death of being homeless the closer I get to 70 years of age. Seems my employer has started “picking” at my performance at work. I have been with this company for going on 17 years. I cannot live on 2050. a month and am afraid I wont be able to fine other work due to diabetes and elderly ailments. I need help. I will have no where to go.
steven l.
I got a letter saying they will be taking between $200/$300 out of my check each month
R.F.
Hello Steven. Unfortunately, and because of security reasons we do not have access to personal records in this blog and cannot assist you at this time. One of our representatives should be able to provide you with an explanation. Please call our toll free number at 1-800-772-1213 for assistance. 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 or later in the week. Thanks!
Esperanza R.
Will ss send me a copy of the letter i received, that I have since misplaced, that states the amount of Medicare $ being deducted from my ss check?
V.V.
Hi Esperanza, thank you for your question. It sounds like you ark asking about a benefit verification letter. You can get that letter online instantly by using your personal my Social Security account. This letter is sometimes called a budget letter, a benefits letter, a proof of income letter or a proof of award letter.
To set up your account, visit the my Social Security web page and select, “Sign In or Create an Account.” You will need to provide some personal information to verify your identity, choose a username and password and follow the rest of the steps to finish creating your account. Once you create your account, scroll down to the Benefits and Payments section and choose “get benefit verification letter” where you can instantly view, print, or save your official letter.
If you are unable to create an account or encounter a problem, you may call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from 7 a.m. to 7 p.m. At the voice prompt, say “helpdesk” or you can contact your local Social Security office.
Cecilia
I have been collecting my own SSDI benefits for 22 months. My husband just died and I went to SS and we applied for his death benefits and survivors benefits. I just got a letter that I qualify for much less under survivors benefits than I was led to believe, do I still keep my own disability payments or can I refuse the survivors benefits? I cannot survive on the survivors benefits alone. I am 62.
V.V.
Hello Cecilia, thank you for your question. If you’re already receiving disability benefits, you would only apply for benefits as a surviving spouse if your disability benefit is less than the benefit you would receive as a survivor. You cannot receive both at the same time. To inquire about receiving a higher benefit and your options on switching, please call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday between 7 a.m. and 7 p.m. to speak to one of our representatives. For more information, please visit our “Survivors” page. We hope this helps.
Robbie R.
I want to set an appointment with the local Mission Viejo, CA office to change from receiving my current widow’s benefits to receiving my own benefits starting in Feb, 2019 when I am 70. I am not able to find a link online to set an appointment at the local Mision Viejo, CA office. Please advise the link or email to the address below or call me at (949) 463-6473 to set an appointment.
Thank you.
R.F.
Hello Robbie. Unfortunately, We currently do not have an online appointment scheduler. However you do not need an appointment to file for benefits. Visit our Frequently Asked Questions web page for more information. Thanks!
Teresa M.
My uncle is recieving social security and medicare benefits. Is it necessary to re enroll each year for medicare benefits
Lucy S.
Need to know how I can stop the Department of Education from deducting monthly amount from my SS check.
R.F.
Hello Lucy. State laws determine a valid garnishment order. You cannot appeal to Social Security for implementing or changing garnishment orders. If you disagree with the garnishment, contact an attorney or representative where the court issued the order. For general information visit our Frequently Asked Questions web page on “Garnishment”. Thanks!
Brad
I have been receiving social security disability for about 7 years. I will be turning 62 in april 2019. Do i need to apply for social security 4 months before I turn 62. Will I still be on ss disability, and not social security?
V.V.
Hi Brad, thank you for your question. When someone is receiving disability benefits under the Social Security Disability Insurance (SSDI) program, we automatically convert their disability benefits to retirement benefits, when they attain their Full Retirement Age. The benefit amount will generally remain the same.