Ask Larry

Can I Still File A Restricted Application At Full Retirement Age?

With the recent changes to the file and suspend rules, I wanted to ask about a related topic which I believe is called the "restricted spousal benefit". My wife's birthday is 11/4/52 and my birthday in 3/3/53. My wife's social security benefit is approximately 25% of my benefit. The way I understand the "restricted spousal benefit" my wife plans to start taking her benefit at 66 and at 66 I plan to file for the "restricted spousal benefit. At 70 I plan to file for my "full benefit" and at that time my wife plans to file for her spousal benefit. Does that make sense and/or is that plan allowed under the existing rules. Any thing else I should be considering? Thanks, Ed

Hi Ed,

Since both you and your wife were born prior to 1954, you are both grandfathered under the new law with regard to changes in deeming. Therefore, you can follow the strategy outlined above. Specifically, at age 66 you will be filing for spousal benefits only on your wife's record. Your application should contain a remark restricting the scope of the application, 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'. Then, at age 70, you can switch to your own account, and your wife can file for excess spousal benefits on your record.

That is likely to be the most advantageous plan for you based on the information you've furnished, however, you may want to consider running the maximization software available on this website in order to be sure.

Best, Jerry

Posted: 
Jul 5 2016 - 3:45pm
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