Ask Larry

Am I Grandfathered Under The New Law?

Hello.....I called the social security office today to inquire about "restricted application" and was told that it is no longer available because it is "double dipping". They said as long as I am still working, I will have to take my own benefits at age 66. I have been informed over the years, that it was possible to get 1\2 of my spouse's SS and suspend mine until 70. My husband, age 67, filed in March 2016 and is receiving SS right now, still working full-time. I am turning 66 in October 2016 and will continue working, file for 1/2 of his SS when I turn 66 and suspend mine until I fully retire. As I read the law, etc., we assumed that I would be grandfathered in as I was born before the date deadline indicated by the information we had received. Both my husband and I assumed after reading the deadlines this was the case.
Questions are:
1. Am I still eligible since I was not 66 before May 1, 2016, but my husband was, and is collecting.
2. What is the difference between restricted application and a suspending application?
3. If I can find an office that does the "restricted application", can I still suspend my benefits and collect the 8% yearly until using my full benefits on my benefits.
4. In any case, I intend to allow my benefits to grow before taking them.

I enjoyed reading your enlightening information. It is too bad that the SS clerks have little knowledge of their proper jobs and give out false information. We have found this out in other areas also when my husband applied.

Thank you for your reply.
Rosemarie

Hi Rosemarie,

Yes, you were grandfathered under the new law passed by Congress last year, and thus you are permitted to file a restricted application for spousal benefits only when you reach age 66, then file separately on your own account at age 70. Don't let anyone at SSA convince you of anything different.

The April 29 2016 deadline doesn't affect you, unless your husband decides to suspend his benefits before reaching age 70. As long as he continues drawing his benefits, you can receive your full spousal benefits on his account starting at age 66. You can then switch to your own account at age 70, which will include delayed retirement credits of 8% per year, or a total increase of 32%.

A restricted application means filing for one specific type of benefit, as opposed to all possible benefits. Almost all Social Security applications are unrestricted, and include in the heading a statement like: 'I apply for all benefits for which I am eligible..'. When you apply for spousal benefits, you need to restrict the scope of the application to spousal benefits only by adding a remark such as: 'I wish to restrict the scope of this application to spousal benefits only.', or 'I wish to restrict retirement benefits on my own account from the scope of this application.'

There's no such thing as a suspended application. What you're referring to is filing for benefits on your own account, but voluntarily suspending receipt of the benefits. This can only be done at full retirement age or later, and you DO NOT want to do this. Once you file on your own account that becomes your primary benefit, and from then on, at best you can only receive an excess benefit from someone else's account.

Best, Jerry

Category: 
Posted: 
Jul 22 2016 - 12:00pm
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