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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Ray
I am 70 years old and still working full time. I continue to pay into social security and have started collecting social security. I worked for twenty six years in municipal government employment that did not pay into social security. Due to that employment I am not close to having 35 years of social security wages. So years of zeros go into my 35 years. I now earn some if my highest yearly earnings. Will my social security increase based on my earnings Now after age 70 or does my social security earnings stop increasing from work after age. 70?
Vonda V.
Hi Ray, thanks for using our blog. Each year we review the records for all Social Security recipients who work. If your latest year of earnings turns out to be one of your highest years, we refigure your benefit and pay you any increase due. This is an automatic process, and benefits are paid in December of the following year. For example, in December 2020, you should get an increase for your 2019 earnings if those earnings raised your benefit. The increase would be retroactive to January 2020. We hope this helps!
Melissa A.
I am in stage 5 kidney failure and 3 work credits short. Can I use the 3 from my husband’s work credits even though he is not a citizen ?? He has over his credits needed for DISSSBILITY ect cannot use them anyways he isn’t a citizen .
Dena G.
Can I work part time and collect my Full Social Security benefits at full retirement age of 66 and 2 months?
How much money can I earn while collecting my full SS benefit without reducing my monthly Social Security benefits.
Susan H.
I will be 66 on 12/31/20. I want to retire at the end of the year. Do I make my retirement date for 12/31/20 or Jan 1. 2021? Or does it matter?
Vonda V.
Hi Susan, thanks for using our blog. If you wait until your full retirement age, you will get your full benefit. If you wait until after your full retirement age, you will receive delayed retirement credits. If your full retirement age is 66 and you turn 66 on December 31, you will attain your full retirement age in December. 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.
Social Security benefits are paid the month after they are due. So, for instance, if your benefits begin with the month of December, you will receive your first benefit payment in January. We hope this is helpful!
Melissa S.
My husband past away Aug. 4, 2020 so I should receive his July SS check. How do I request this or what form do I use. Since we can’t go to the office I guess online is it?
Carlos S.
Hello, I am 66 years young and the company I worked for for 18 years closed down in 2016 prompting me to unofficially retire in 2016 so I have not worked since. I decided to delay my official retirement until I turn 70 and my question to you is will this affect my higher benefit amount I will receive and how will it affect it? Thanks in advance for your response.
Carlos Soto
Vonda V.
Hi Carlos, thank you for the question. A Social Security retirement benefit is calculated by using your highest 35 years of earnings. If you do not have 35 years of earnings, we will use all of the earnings on your record and factor in an annual total of $0.00 earnings for each of the remaining years.
Social Security has an online calculator called a Retirement Estimator that provides immediate retirement benefit estimates based on your actual Social Security earnings record. Plus, it also allows you to create “what if” scenarios. You can, for example, change your “stop work” dates or expected future earnings to create and compare different retirement alternatives. We hope this helps!
See our Benefits Planner: Retirement web page for more on obtaining benefit estimates.
Angela J.
I mailed a payment to social security on August 3, 2020, because I made over my limit in 2019. I have not seen any activity in my checking account showing it was ever received. How long does this process take ? I called my bank and she suggested I wait another week before I cancel the check. I’m getting nervous because there is a hour and a half wait on the phone and no way of knowing if it was ever received
Ann C.
Hi, Angela. 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 8:00 a.m. and 5:30 p.m., for assistance. You can also contact your local Social Security office. We hope this helps.
Glen R.
I am currently 69 and will turn 70 in January. Can I apply for benefits now but specify that they start when I turn 70 in January?
Ann C.
Hi, Glen. Thanks for your question. Our system is set up to take applications four months in advance. When you are ready, you can complete the online application for your Social Security retirement benefits in as little as 15 minutes using your personal my Social Security account. We hope this helps.
Teri R.
If I want to wait for 66 years 2 months to collect full social security, how do I know how much I get from my former spouse who will be 69 in Nov 2020 and is currently still working full time added to my ss benefit?
Vonda V.
Hi Teri, thanks for using our blog. To obtain a divorced spouse’s benefit estimate, you will need to 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.
Jane E.
I cannot visit your office. I cannot send copies of documents as you require originals. I just want to obtain a replacement social security card. I do not see ONLINE how to get this application to you as well as my driver’s license and passport. Please help me.
mary n.
I need a new SS card.
Vonda V.
Hi Mary, thanks for using our blog to ask your question. First, realize you may not need a replacement card. You will rarely need to show it. Knowing your Social Security number is what is important. However, if you must get a replacement card, you may be able to apply online. Visit our Social Security Number and Card page to learn how. If you cannot request a replacement card online, call your local office and request that we mail you an SSN printout instead of a replacement Social Security card. Unfortunately, we are unable to process replacement Social Security card requests by phone at this time.