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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Mary K.
I was given information, that I could start collecting 1/2 of my husband SS. I am 62 years old and still working.
How does that work?
Judith D.
I’m 60 years old and I was a stay-at-home mom. I didn’t work outside my home during this time. I’ve been told that I’m eligible for social security benefits. What do I do?
Ann C.
Hi, Judith. Generally, you will need to have 40 credits, or 10 years of work paying Social Security taxes, to qualify for any type of Social Security benefit. In addition, to qualify for disability benefits, you generally need to have worked for five out of the last 10 years before you became disabled. The rules are different for younger workers who become disabled or die. For a complete explanation of credits needed for the different types of benefits, go to http://ow.ly/dYii30nLALY. We hope this helps.
Lillian s.
i may need to adopt my grandson due to mothers situation and father not in my grandsons life. In a few months i will be 62 and plan to retire to help in this situation. i am also ex spouse of veteran, as well as a vet myself. my question is, how does will affect me, or what is my best course of action. my heath issue is also a. problem . please advise. Lillian
rosa z.
how far back do you get retro pay from retirement if you wait after your full retirement?
Ann C.
Hi, Rosa. Thank you for your question. Individuals must officially file an application to receive the Social Security benefits they may be entitled to. Also, we generally allow up to six months of retroactive payments, only after the applicant has reached his or her full retirement age. Social Security retirement benefits are increased by a certain percentage (depending on date of birth) if you delay your retirement beyond full retirement age. No retroactive benefits are payable for any month before individuals reach their full retirement age. We hope this helps.
Davida C.
my spouse and I got married in 2014. he was born in 1945 and is on soc. sec. I work and was born in 1957.
I think if we divorce we can save and I file single head of house hold we would save about 3,000.00 a year.
I do not think it fair to be taxed twice on his soc. sec.
james
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Susan K.
When did SSA start allowing spouses to suspend their own benefits under the loophole that has now been closed?
Steve
I will be 64 on July 15. I want to retire with 64 and two months, when should I send in my application? When would I receive my first check?
Ann C.
Hi, Steve. Thanks for your questions. Social Security applications can be filed up to four months in advance. Also, retirement benefits are paid the month after they are due. So, for instance, if you want your benefits to begin with the month of September, you will receive your first benefit payment in October. For more information, visit our Benefits Planner: Retirement. We hope this helps.
Jackie
I am retiring in December 2019 at the age of 53. Is there ever a way that I can start drawing my social security benefits at the age of 53?
Ann C.
Hi, Jackie. Thanks for your question. No, the earliest age you can get retirement benefits is 62. You can create a personal my Social Security account to review estimates of your retirement, disability, and survivors benefits, your earnings record, and the estimated Social Security and Medicare taxes you’ve paid. We hope this helps.
Joanne
I am currently receiving a pension from my former employer (non-government). Will this affect my social security benefits when I decide to take them? I am 66 years old. Thank you.