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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Jerry W.
It’s great to learn that you should claim your social security benefits if you are between ages 62 and 70. My wife and I are looking to benefit from social security soon. I’ll be sure to tell her that we should wait till we’re at least 62 years old. https://www.jameshowesattorney.com/practice-areas/social-security-disability/
Maureen J.
A relative is about to begin SSD very soon. I think she should apply for SSI NOW because she is blind in one eye, and in jeopardy of loosing vision in her other eye.
She has psychiatric problems, depression, severe anxiety, and she is divorced for many years. Can anything be done to help her?
She works @ 16 hours / week in a grocery store, to make ends meet. She cannot keep a full job because of hip replacement, back pain, but most of all eye situation.
She lost vision in her one eye because of detached retina and no one can assure her that the same thing may happen in her other eye, in a year, 6 months, etc.
Beverly A.
At age 70 how do I transition from survivor’s benefits to my own benefit since they are higher?
Ann C.
Hi, Beverly. Since you are currently receiving benefits, you will need to contact us to file an application on your own benefits. For your security, we do not have access to private information in this venue. 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
Melvin
If a parent signs his rights away and financial support, can that effect benefits going to the child
Ann C.
Hi, Melvin. Unfortunately, your question is a bit more complex than we can answer in this forum.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.
Rosa W.
Does a 401k affect your Social Security allowance?
Ann C.
Hi, Rosa. When we figure out how much to deduct from your benefits, we count only the wages you make from your job or your net profit if you’re self-employed. For more information, visit our Benefits Planner: Getting Benefits While Working page. We hope this helps.
Devin S.
It’s good to learn that you should wait to claim social security benefits until you’re between the ages of 62 and 70. My mother was wondering when she could claim benefits from social security. I’ll let her know she should wait till she is at least 62 years old. https://www.sartainlaw.com/social-security
Gail M.
I will be 70 this year but my ex husband is only 64 can I collect Social Security on his record before his full retirement?
Luis A.
Hi Gail. To be eligible for divorced spouse benefits, the marriage had to last for at least 10 years. If you were born before January 2, 1954, and have already reached full retirement age, you can choose to receive only the divorced spouse’s benefit and delay receiving your own retirement benefit until a later date. If your birthday is January 2, 1954 or later, this option no longer exists; if you file for one benefit, you will be effectively filing for all retirement or spousal benefits. Here is some information on how someone can qualify for divorced spouses benefits. We hope this helps.
ignazio g.
i leave outside us i’ve worked in usa for 10 years but i dont know if i have enough credit for qualified for social security pension please tell me howe to findout
thenk you
cheryl A.
My husband died June 7. 2019. I have not received his ssa since then only my own at $500.
They stopped his benefits so I haven’t gotten his since June 2019.
I did talk to someone about a death benefit but have not hear from them since July 23.2019
KATHRYN T.
CAN YOU DRAW YOUR DEAD HUSBAND SOCICAL SECURITY MONEY AND MINES AT THE SAME TIME.
Luis A.
Hi Kathryn. Thank you for your question. As a widow, you may be eligible to receive your deceased spouse’s benefit amount at age 60 or older. You can switch to your own retirement benefits when you reach age 62, if you are eligible to receive your own benefits, and your retirement rate is higher than your rate as a widow. In many cases, you could begin receiving your survivor benefit at a reduced rate and then, at your full retirement age, switch to your own retirement benefit at an unreduced rate. When you decide to apply for your own benefits, if your benefits are lower than what you are getting as a widow, then you will receive combination of both benefits, your own benefits and your benefits as a widow combined to equal the higher amount you were receiving as a widow. Please read our publication titled “How Social Security Can Help You When a Family Member Dies,” and see our page titled “Benefits Planner: Survivors | If You Are The Survivor.” We hope this helps.