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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Patricia Y.
I currently receive Social Security disability benefits. I will turn 66 (full retirement age) in March 2019, and my benefits will automatically change to retirement benefits. Will I be eligible to draw on my ex-spouse’s earnings record at that time?
V.V.
Hi Patricia, thank you for your question. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Please call our toll free telephone number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. or contact your local office directly.
Timothy J.
Are health care premium/contributions included in the allowable $17,040.00 annual extra income total, for a 62 year old SS benefit recipient?
R.F.
Hello Timothy. The amount of income used to determine whether or not you are subject to the earnings test is your gross wages, as reported by your employer. If you are self-employed, SSA counts only net earnings from self-employment.
Go to “Getting Benefits While Working” for more on this topic. Thanks!
Cadee L.
I can’t find the application for divorced spouses online.
Gregory C.
What happens to a client who is receiving ssdi & reaches full retirement age? Do they file for additional benefits? What happens at that juncture? Are they already receiving their full benefit? Thanks
V.V.
Hi Gregory, thank you for your question. When you receive disability benefits under the Social Security Disability Insurance (SSDI) program, we will automatically convert your disability benefits to retirement benefits when you attain your Full Retirement Age. The benefit amount will generally remain the same. The law does not allow a person to receive both retirement and disability on one record at the same time.
Clark D.
I filed and suspended social security on 04/28/2016, but my wife decided she wanted to draw her own social security. She turned 66 on 02/09/2018, and filed to receive her own starting in march 2018. I’m grandfathered in to file a restricted application if born before 1953, this means I would not be considered deemed filing, and can take the lesser amount of half hers while letting mine continue to grow until 70. Is there any other reason I would not be able file a restricted application and do this?
Clark D.
I filed and suspended but never received any benefit. Would like to drop the file and suspend and file a restricted application.
V.V.
If you apply for Social Security benefits and change your mind, you may withdraw your Social Security claim and re-apply at a future date. However, if you change your mind 12 months or more after you became entitled to retirement benefits, you cannot withdraw your application. For more information, go to our web page If You Change Your Mind.
V.V.
Hi Clark, thank you for your question. It sounds like you’re not eligible to restrict your application to just spouse’s benefits because you already filed for retirement benefits on your own record. (File and suspend is a retirement application.) See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Eve
My mom just passed away and I was her care giver along as being her daughter. I was wondering if I could receive survivors benefits or is there any other s.s. benefit(S) that I could receive? I am currently receiving SSDI for myself
V.V.
Hi Eve, we are very sorry for your loss. Unmarried children can receive survivor benefits if they are:
•younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) or
•any age and were disabled before age 22 and remain disabled.
See our Frequently Asked Questions web page for more details on who can get survivors benefits and how to apply.
Roberta J.
I am 72 now. I started receiving social security disability a few years back. What I don”t understand is am I receiving retirement benefits or disability benefits?
V.V.
Hi Roberta, thank you for your question. Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.
Delia C.
Want to print off the days I will get my SS Benfits
DOB 11-23-1952
Kathy G.
I would like to sign up for Restricted spousal benefits. I understand that I am able to do this while I am still working. Do you have a form that I could fill out or do I need to go to the SS office to do this?
V.V.
Hi Kathy, 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.
Deborah L.
what satisfies as proof of marriage or partnership if no record of license from 18 yrs ago can be found?