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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Ann
I am receiving my SS at age 63, my husband is 68 receiving his, if my husband should pass away, do we need to be married for 10 years in order for me to receive half of his instead of mine?
Sharon
I am 78 and receive Widows benefits my husband passed away in 1999 at the age of 59. I started receiving his benefits around agd 62I received a letter today to come in the SS office because Iit appears I am eligible for SS Retirements Benefits. They say I may reveive higher benefits. What do they base this on?
My previous income or both?I wonder if I can receive both my retirement benefits with my husband widower
benefits? I never remarried. I receive SSI also only about
$19.00 dollars which keeps me in the imedical insurance Red White Blue card. (Medicare?)
Sharon
Delvet R.
I was told by letter from SS, I would no longer be entitled to disability benefits because I have reached full retirement age! I am still disabled! Why would there be a change from disability benefit to a retirement benefit! How will this affect the payments I’m getting now and the future? Are there a certain amount of years I receive disability or do I receive disability as long as I’m disabled?! Once I’ve recovered; seems like I would go on retirement! Where can I read about this on http://www.socialsecurity.gov? Also, is the government shutdown causing my funds to be delayed?!!! Please, what is going on?!!!
A.C.
Hi, Delvet. It sounds like you have reached your full retirement age. Once a person reaches their full retirement age, we automatically convert their disability benefits to retirement benefits, but the amount remains the same. Starting the month you reach retirement age, you will get benefits with no limit on your earnings. For more information, check out our publication, What You Need to Know When Get Social Security Disability Benefits. If you have specific questions regarding your benefits, you can also call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available Monday through Friday between 7:00a.m. and 7:00p.m. Generally, you’ll have a shorter wait time if you call later in the week. Finally, there is no anticipated disruption in benefit payments for Social Security beneficiaries or Supplemental Security Income beneficiaries. All payments will be made on schedule. We hope this helps!
Julie J.
I filed and suspended until age 70, taking spousal benefits in the interim. I am now turning 70. How do I convert to my own benefits account?
A.C.
Hello, Julie. Thanks for your question. Please contact your local office or call us toll-free at 1-800-772-1213 to set up an appointment to file. Thanks, again.
Harold
Hello i am 71 and she is 69 we want to get married, she is collecting ssi and, so am i how will this affect our ssi payments, and how much will we lose each month?
Sandy w.
If my husband,who is 66 in March, claims social security in April of this year can he claim spouse benefit off my account when I turn 70? When he claims spouse benefits under my account will he be receive 1/2 of my age 70 benefits?
I will be 66 in September, if I claim spousal benefits under his account in April can I switch to my account at 70 abs will I still receive the age 70 benefits?
V.V.
Hi Sandy, thank you for your questions. Deemed filing rules do not apply to individuals that turn 62 before January 2, 2016. That means, if you wait until your full retirement age or later to file, 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.
To inquire about the various filing options you and your husband have, you will want to call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from 7 a.m. to 7 p.m. or you can contact your local Social Security office.
Kelly
I was born in 1953, was married 17 years, divorced 12 years and would like to claim SS benefits from my divorced spouse. I have been told that I need to wait until he is 66 years old which will be in May, 2019. I plan to continue working until I am 70 at which time I will collect SS benefits. How do I go about collecting on my ex husbands SS benefits? Does he need to be retired in order for me to collect benefits? Also, if he decides to collect on my SS, will that affect the amount of benefits I receive from working until I am 70?
V.V.
Hi Kelly, thanks for the question. If you turned 62 before January 2, 2016, deemed filing rules will not apply if you file at full retirement age or later. This means that you may file for either your divorced spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. In your case, you may restrict your application to apply only for divorced spouse’s benefits and delay filing for your own retirement in order to earn delayed retirement credits.
Our system is set up to take applications four months in advance, and you can apply for your benefits online. Keep in mind that benefits are paid the month after they are due. So, for instance, if you want your divorced spouses benefits to begin with the month of June, you will receive your first benefit payment in July.
If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his record even though he hasn’t filed as long as you’ve been divorced for at least two years.
Calvin G.
My wife (3/2/53) turned 62 in March of 2015. Am I correct that the new law does NOT change her ability to receive benefits under my SS#, which she is doing now, and to switch when she turns 70 and receive benefits under her SS#?.
A.C.
Hi, Calvin. If your wife turned 62 prior to January 2, 2016, the new law that extends deemed filing rules to benefits at full retirement age and beyond will not apply to her. For more information, visit our Benefits Planner: Retirement web page. Thanks.
Bruce D.
Can I sign up today to request my benefits but not receive them until after March when I turn 66?
A.C.
Thanks for the question, Bruce. If you are referring to an application for retirement benefits, our system is set up to take applications four months in advance. You can apply for Social Security retirement benefits when you are at least 61 years and 9 months of age. When you are ready you can complete the online application for Social Security retirement benefits in as little as 15 minutes. We hope this helps.
Sharon
If I get Social Security Benefits because of my 30 years of work and my husband receives a government pension because of his 30 years of work and he has me down to get his pension benefits should I outlive him, could I be penalized? I will be 70 this year.Thanks
A.C.
Hi, Sharon. Thank you for your question. A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers) may cause the amount of your Social Security benefit to be reduced. The Windfall Elimination Provision (WEP) can affect how we calculate your benefit amount, resulting in a lower Social Security benefit than you otherwise would receive. The WEP does not affect your Social Security benefits if you worked and paid Social Security tax on 30 years of substantial earnings. In addition, generally, your Social Security benefits as a spouse or widow will not be reduced if you are receiving a government pension that is not based on your earnings. We hope this helps.