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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Robin M.
I will be 66 on Nov. 20, 2020. I am eligible for full SS benefits on that date. When do I apply so I can reach my full benefit on Nov. 20, 2020.
Do I online the beginning of November?
Robin Miller
11-20-1954
V.V.
Hi Robin, thanks for using our blog to ask your question. You can apply four months before you want your Social Security retirement benefits to start. Once you’re ready to apply, the easiest way to complete your application is online.
If you need further assistance, call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
David W.
will my disability SS benefits decrease when I turn 65 or 66?
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Albert R.
Question: I was married on July 30,2019. My understanding is that I am to notify social security when that took place. Correct?
Do I get any kind of increase for having a dependent/spouse?
TY
V.V.
Hi Albert, thanks for using our blog. Check out our Frequently Asked Questions web page for details on how marriage may affect benefits. We hope this helps!
CHERYL F.
what is it called when we get paid so that i can look at the yearly dates that ssd owuld get there checks
V.V.
Hi Cheryl, thank you for using our blog. The birthday of the person whose record they receive benefits under determines their payment date:
Date of Birth Payment Day:
1st through 10th Second Wednesday
11th through 20th Third Wednesday
21st through 31st Fourth Wednesday
Go to Schedule of Social Security Payments for the current payment dates.
femi L.
Thank you so much for this vital information and update. What I love most is the changes here and I quote “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 is an eye-opener and will definitely be a good guide.
Thanks a lot.
Regards
Louis
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Pamela B.
Assuming one wants to take SS, is SS calculated on their birthday, or the year they turn a certain age? If I delay taking SS until the following year in order to receive higher benefits, will I be eligible during the year, or have to wait until my birthday which is in September?
Thank you.
V.V.
Hi Pamela, thanks for your questions. You may start receiving Social Security retirement benefits as early as age 62 or as late as age 70. Monthly benefits are reduced if you start them any time before your “full retirement age”. Your full retirement age depends on your date of birth. It may be between age 66 and 67. This could affect the amount of your benefits and when you want the benefits to start.
The Benefits Planner: Retirement provides detailed information about Social Security retirement benefits.
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