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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juan t.
hello my name is juan t jacobo from big lake tx . I will turn 66 on 4-25-2019 thats when I plan to apply for my ss check when or what date should I apply for my check thanks
R.F.
Hello Juan, our system is set up to take applications four months in advance. 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 April, you will receive your first benefit payment in May. Please visit our Social Security Retirement Planner for more information. Thanks!
Robert G.
How can I make an appointment with the Social Security office in Honolulu to have a review of my wife and my social security benefits in regards to Spousal benefits?
Nita
Can a common law spouse receive Social Security benefits from her deceased common law spouse if she is 60 yrs of age?
Nita B.
Can a common law spouse receive Social Security benefits from her deceased common law spouse if she is 60 yrs of age?
nitafb51@yahoo.com
Lonny W.
Can a common law wife draw husbands social security after his death.l
V.V.
Hi Lonny, thank you for the question. In cases where a common-law marriage may be involved, Social Security follows the state laws. So, check the laws in your state. For more information, please visit our Benefits Planner: If You Are the Survivor.
Ramona
I did not know I could ask a question:
I plan on applying for MY own benefits on January 20, 2020, when I turn 66. I will receive $530.00 on my own record. My husband will be 66 in August, 2020, and he wants to wait until age 70 to apply. His record indicates he will receive $2081 in 2020 at age 66 and $2657 if he waits until age 70 in 2024 to start collecting. Due to deeming, is he forced to apply for his own benefit when I apply in January? He is the higher wage earner. Thanks so much. These new rules and the language used is so confusing!
Ramona
I guess this one’s too difficult to answer. Oh, well, I guess I’ll just have to wait 12 months to get an answer…if THAT’S even possible. Maybe the book, “Get What’s Yours” can answer this not-so-difficult question. Geez, what a waste of my time, having to wait over 23 days and then NOT getting a response.
Ramona
Well, the good ole folks at SSA.GOV couldn’t figure out the answer to my question so I asked the author’s of “Get What’s Yours” and they said, “As long as I’m 66, the FRA, my husband will not be forced to apply for his money at 65 and a half years old, thereby losing a percentage of his monthly. He can apply at any age after 66 without any penalty”. Oh, and please don’t blame the shutdown on the SSA’s inability to answer a simple question. SSA.GOV has been answering questions throughout the shutdown so that’s not the case. I guess I really stumped them!
Ramona
Aww, so if I apply for my own benefits at age 66 (my husband is younger by 7 months), he will also have to apply at the same time, even though he wants to wait until 70? Doesn’t seem fair.
Josette C.
I’ve just learned that I am eligible for benefits both as a retiree and as a divorced spouse. I applied for retirement benefits last month and have begun to receive payments this month. How do I go about getting benefits both as a retiree and divorced spouse?.
R.F.
Hello Josette. Generally, we typically explore other possible eligibility that could yield you a higher benefit amount during your initial interview to apply for Social Security benefits.
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
•You are unmarried;
•You are age 62 or older;
•Your ex-spouse is entitled to Social Security retirement or disability benefits; and
•The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
See “If You Are Divorced” for complete information.
Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Thanks!
Kristie H.
I was surprised to learn that there is no way to notify SSA of a death. I am a personal representative who has lost a loved one and simply want to fulfill the requirements of notification to cease benefits. After calling the number provided and was informed it would be an hour wait to be heard I resorted to your online system, searched around and found no such service. Very disappointing!
Richie S.
My dad passed away, how can I stop his checks. My dad name is Angel Soto I’m his son Richie Soto.
R.F.
We are sorry for your loss, Richie. Usually, the funeral director notifies us of an individual’s passing by contacting their local Social Security office.
To verify this information was reported, you need to talk to one of our representatives. You can call our toll free number at 1-800-772-1213 between 7 a.m. and 7 p.m., Monday through Friday. Or you can also contact your local Social Security office.
In most cases, the financial institution or bank, will return the Social Security payments when they receive notification of the beneficiary’s passing.
To be eligible for a Social Security benefit payment, a person has to live throughout the entire month. If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death or any later months. Keep in mind that Social Security benefits are paid the month after they are due. For example, if the person dies in November, you must return the benefit paid in December. Thank you.
Debra H.
I am 68 and my husband is 72. We both took our social security at 62. My social security is less than half of my husbands. Can I now pick up spousal benefit on my husband’s record because it is higher than mine?
V.V.
Hello Debra. We will always pay your own retirement benefit 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. However, the spouse’s benefit cannot exceed one-half of your husband’s full retirement amount (not his reduced benefit amount). So, you can only receive additional spouse’s benefits if your own full retirement benefit (not your reduced benefit) is less than half of your husband’s full retirement benefit.
Generally, during the initial interview when applying for Social Security benefits, we typically explore all other benefits that could yield you a higher benefit amount. To find out if you are eligible for a higher benefit amount, you can call us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or contact your local Social security office. Thanks!