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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Jim W.
I can find nothing on this website about how to start getting benefits that were suspended earlier.
V.V.
Hi Jim, thank you for your question. If you want your payments to start before age 70, just tell us when you want your benefits reinstated (orally or in writing). Your request may include benefits for any months when your payments were suspended unless you requested voluntary suspension on or after April 30, 2016. If yes, then we will only permit benefit reinstatement beginning with the month after the month of your request. For more details, go to the Benefits Planner: Suspending Retirement Benefit Payments web page.
Please call 1-800-772-1213 (TTY 1-800-325-0778) between 7:00 a.m. and 7:00 p.m. to speak to one of our representatives or you can contact your local Social Security office.
cynthia K.
If I turn 66 on July 10, do I have to wait until after that date to draw SS or can you start drawing that amount on July 1. I am still working and my retirement date has to be the first of a month. Thanks
V.V.
Hi Cynthia. If you wait until your full retirement age, you will get your full benefit. If your full retirement age is 66 and you turn 66 on July 10, you will attain your full retirement age in July. One exception to that is for individuals that are born on the 1st of the month. We figure their benefit (and their full retirement age) as if their birthday was in the previous month.
Your full retirement age is determined by your year of birth. You can check out our Retirement Planner: Benefits By Year Of Birth to understand why some people have different full retirement ages and what those ages are.
Nancy G.
How do assets figure in to being eligible for disability retirement? Just doing some research for my son.
A.C.
Thanks for your question, Nancy. If you are referring to resources, resources are the items you own such as cash, real estate, personal belongings, bank accounts, stocks and bonds that you can use for your support. However, not all of your resources count toward the Supplement Security Income (SSI) resource limit. For more information on SSI resources, visit Understanding Supplemental Security Income (SSI) Resources web page. We hope this helps!
Jennifer N.
My dad retired under CSRS and did not pay into SS. My mother worked, but passed in 1998 at 52/53. Can my dad collect her SS? My dad has been retired for about 30 yrs. I just learned about spouses collecting on the other spouses SS.
V.V.
Hi Jennifer, thanks for using our blog to ask your question. If your father is receiving a pension from a government job in which he did not pay Social Security taxes, some or all of his Social Security spouse’s or widower’s benefit may be offset due to receipt of that pension. This offset is referred to as the Government Pension Offset, or GPO. For additional details, check out our Government Pension Offset factsheet.
Constance M.
I just tried to apply for retirement benefits but couldn’t apply after responding to a question about whether I had been denied SSI benefits within the last 6mths. My response was yes. I don’t understand why it’s telling me to appeal other than letting me finish my online application for retirement. I have severe hearing loss and have been denied twice for disability, so now I’m trying to apply for my retirement because I have limited income little to nothing and no help.
V.V.
Thank you for contacting us, Constance. Sorry to hear about the difficulties you are experiencing with our online application. Unfortunately, and because of security reasons, we do not have access to personal records in this blog and cannot assist you.
To inquire about your application, you will have to contact your local office or call our toll-free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Donald S.
I am single and began drawing benefits early at age 64.
Worked since beginning benefits. Is there any
earned income limit while receiving benefits at my
current age of 68 ?
V.V.
Hi Donald, thank you for your question. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn.
Keep in mind, if you continue to work while receiving retirement benefits, your monthly benefit amount may increase. As long as you continue to work and receive benefits, we will check your record every year to see whether the additional earnings will increase your monthly benefit. If there is an increase, we will send you a letter telling you of your new benefit amount.
Maria F.
How do I report the death of a retiree and suspend benefits directly deposited to bank account?
A.C.
Hi, Maria. We are sorry to hear of your loss. Typically, funeral homes report deaths to the Social Security Administration directly. You can check with the funeral home to determine if reporting has been done. If not, you can contact your local Social Security office. We hope this helps.
William J.
I am receiving Social Security Disability payments. I received a notice “Potential Private Retirement Benefit Information”. If I decide to take my retirement early, will that affect my social security disability benefits?
Stephanie O.
I am divorced after 23 years of marriage. I just found out I have~5 years to live. Can I stay collecting my social security now?
V.V.
Hi Stephanie. We are very sorry to hear about your diagnosis. You can receive benefits on your ex-spouse’s record if:
• You are age 62 or older;
• You were legally married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
We also pay disability benefits through two programs: the Social Security Disability Insurance program (SSDI) and the Supplemental Security Income (SSI) program. To qualify for SSDI benefits, you must have worked long enough and recently enough in jobs covered by Social Security (usually within the last 10 years). The (SSI) program is a needs based program that gives cash assistance to disabled individuals with limited income and resources. We pay disability benefits to people who are unable to work because of a medical condition that is expected to last one year or more or to end in death. If you think you may be eligible to receive disability benefits and would like to apply, you can use our online application.
Applying online for disability benefits offers several advantages:
• You can start your disability claim immediately. There is no need to wait for an appointment.
• You can apply from the convenience of your home, or on any computer; and
• You can avoid trips to a Social Security office, saving you time and money.
If you are unable to file online, please call us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. to 7 p.m., Monday through Friday to make an appointment. For more information visit our “Frequently Asked Questions” web page on disability. Thanks!
Ladislav J.
I am receiving SS benefits and am married to Chinese citizen for over 10 years. We never lived together in USA. Will she be eligible for any benefits after I pass away?