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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Harold B.
I am married and over 66 yrs old. My wife is 64. How do I file for my wifes beifits under a restricted application? Can the local Social security office help me thru this?
Barbara L.
If i turn 62 in may when do I need to contact the iffice to start my retirement
Sharon D.
I am on disability and need to know about changing to Social Security benefits and what I must do.
Vickie L.
I am 62 and eligible for benefits at this time. If I was to start collecting benefits at this age and continue working, what is the minimum amount I could earn while working and collecting benefits? At 62 my benefit amount is $1,053. My salary is $47,240 a year.
K.O.
Hi Vickie. Great question! You can work and receive your Social Security retirement benefits now that you are 62 years old. However, being younger than your full retirement age and making more than the yearly earnings limit can reduce the number of payments you receive through the year. For 2018 that limit is $17,040. You can use our earnings test calculator to see how your earnings could affect your benefit payments, or read our publication: “How Work Affects Your Benefits” for more information. Hope this helps.
R.F.
Hello Vickie, you can still work and receive your Social Security retirement benefits at the same time. However, if you are younger than full retirement age and make more than the yearly earnings limit, this can reduce the number of payments you receive through the year.
To learn more, see “Getting Benefits While Working“. Thanks!
syed h.
I was not able to find the info about as to what’s the on earning if I get a job while taking soc.sec.income
V.V.
Hi Syed, thank you for the question. See our Frequently Asked Questions web page on working while receiving retirement benefits. If you’re referring to working while receiving Social Security disability benefits, see our Frequently Asked Questions web page on our work incentives.
MARGARET S.
I’m turning 66 in December 18th, I draw SS NOW, what I would like to know is can I draw off of my husbands check?
V.V.
Hi Margaret, thank you for your question. You may be able to get spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, if you turn 62 before January 2, 2016, deemed filing rules will not apply if you wait to file at your full retirement age or later. This means that you may file for either your spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Carol V.
Why do I have to wait so long to get an appointment at my Local Social Security Office? Why did they give me a phone appointment , way up in December , and not a person to person apt at my local office. ? It says I do not need an appointment to apply for my Spouse Benefits. As my husband passed away and I have all the documents they need, now?
R.F.
We are sorry for your loss, Carol. If you already receive benefits as a spouse, your benefit will automatically convert to survivors benefits after we receive the report of death.
Also, even setting up an appointment (phone or office), weeks in the future will establish a protective filing date for your survivors benefits.
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!
Shar H.
I have been receiving SS benefits from my husbands SS. Now that I am 70 do the benefits automatically switch over to my SS instead of drawing from my husband ‘s account. Do I need to file new papers for using my SS account?
Kathy K.
Can you take your benefits at 62 if your husband is still working? Can you take spousal benefits at 62 if your husband is still working and you are not.
Hervey B.
I have been divorced for over 17 years. I began collecting social security in 2018. Now I learn from my ex that she must have my social security number to collect her benefits. She worked for a school district for the last 28 years and will collect a large pension from the CA state teachers Retirement fund. She also worked in the private sector (paid into social security) for over 30 years. WHY DOES SHE NEED MY SOCIAL SECURITY NUMBER?