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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Lyudmila
I was born 11/20/1954. My full retirement will be 11/20/2020 when I apply for full benefits?
A.C.
Hi, Lyudmila. Social Security retirement applications can be filed up to 4 months in advance. When you are ready to file, you can apply online by visiting our Retirement Benefits web page. We hope this helps.
Timothy G.
I reach 70 in mid-September
should I apply for benefit as of September or should I use October as the date?
thanks for your reply.
V.V.
Hi Timothy, thank you for your question. You will earn Delayed Retirement Credits if you withhold receiving benefits until the age of 70, which is September for you. The benefit increase no longer applies when you reach age 70, even if you continue to delay taking benefits. If you want your benefits to begin in September, you can apply 4 months in advance.
robert d.
a representative failed to tell me how I could get an emergency payment after Social Security said they were taking March pay for over payment?, after I had told them I need that pay to pay Mortgage, at 65 yrs old in March , there was no Medicare pay because there was no payment to me, 4th time this has happened to me from the Philadelphia office, I was told only if under eviction could I get a manual pay / check
Winona P.
My husband receives Social Security, but I never applied because I was a teacher. Can I received spousal benefits? I am 73.
Richard C.
I was informed that in July2019-I will be receiving social security benefits because I reach the age of 70 years old-because my birthday is june 10,1949. However, I do not wish to receive my benefits at that time. What should I do? I plan on starting my benefits some time in the future-but not right now.
A.C.
Hi, Richard. For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m., for assistance. Generally, you will have a shorter wait if you call later in the day. You can also contact your local Social Security office. We hope this helps.
Rhonda B.
My name is Rhonda Brosco , *** – ** – *** I was married and divorced, remarried now. My ex spouse is receiving social security benefits, my current spouse is not retired. I am 68 my ex is 68 Can I draw benefits from my ex if we were married 10 years? I have been given several different oppinions and I need an answer! Thank you, very much! Rhonda Brosco
231-766-2165
Maximiana D.
my EAD card has expired and Iam renewing it. At the time my EAD card was enforced I was getting my sss pension or benefits. Will I expect a retro pay once the renewal card arrives?
mela v.
Hi,
I have a question! when a senior is receiving social security benefit(retirement) and works at the same time (part time) how much can she earn from working in a year that does not affect her benefits? And what will happen if she exceed the amount?
Hope you can help me with my question thank you!!
A.C.
Hi, Mela. Thanks for your question. If the individual is receiving retirement benefits, she can check out how work affects Social Security payments by reading our publication, “>How Work Affects Your Benefits. We hope this helps.
Dale C.
hello, my wife recently went into the Palm springs, ca social security office to show proof of her birth date, it appears that somewhere over the years someone made a mistake on data entry, then corrected it, then she applied for retirement benefits and they saw a difference and took a copy of her birth certificate, and said she was fine, that was two weeks ago and there is no change in the process of her retirement application, she is due to receive benefits on 7.10.19 for birth date 5/9/57, how long does this take or what can we do, we called the office and rep and left message but no one calls us back.
Phillis
Can a woman born 11-12-1955 collect from an ex-husbands Social Security funds? He is collecting already.
She can not wait until she is 66 for financial reasons.
V.V.
Hi Phillis. If you are divorced, you can 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.
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.