Ask Larry

Can My Spouse Really Restrict Her Application at or after FRA?

Hi, I turned 66 in April 2015 and did a file and suspend in November. My wife will be 66 in August 2016. We called SSA to file a restricted application for her spousal benefits last week and were told that wasn't possible under the new law. We have made an appointment to go to the SSA office to see what can be done. Is there anywhere on the SSA web site that clearly states, in easily understandable language, what the new rules are? I have a feeling this won't be easy. Thanks, Philip

Philip, you can read more about the Bipartisan Budget Act of 2015 here. As long as your wife was born before January 2 1954, she can restrict her application to just her spousal benefit at or after her full retirement age (FRA). See this rule from Social Security Administration’s Program Operations Manual System (POMS) for more information about the ability to suspend. Thanks, John

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Jul 8 2016 - 8:45pm
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