Ask Larry

Can You Confirm That I Am Allowed To Suspend My Social Security Retirement Benefits?

I (DOB March 1954) began receiving my retirement benefit at age 64 in 2018. My husband (DOB July 1951) was eligible to receive a spousal benefit from my account at that time. Because he was grandfathered due to his age, he was able to defer his own retirement benefit while receiving a spousal benefit. He has been receiving this spousal benefit (not his own retirement benefit) since I started receiving my retirement benefit.

Effective July 2021 at age 70, my husband will start to receive his retirement benefit with full delayed retirement credits (DRCs) unreduced by the spousal benefits he has received. At the same time that he starts his retirement benefit, I plan to suspend my retirement benefit in order to start earning DRCs until I reach age 70 in March 2024.

We called the Social Security 1-800 number and the agent informed us that my request to suspend my retirement benefits is not allowed. Then we spoke to a Social Security employee in the Manhattan field office nearest us and she reiterated that we did not understand the law: she said that because "file and suspend" has ended, once I filed for retirement benefits at age 64 I am not allowed to suspend those benefits ever again to earn DRCs.

Your book and software indicate that the position provided to us by Social Security on suspending benefits is WRONG. So here are my questions.

1. Please confirm that I can voluntarily suspend my retirement benefits any time between my full retirement age (FRA) and age 70 in order to earn delayed retirement credits. The only requirement is that I'll need to request the suspension in advance, so in order to suspend my benefits effective July 2021 I'll need to make my request no later than June 30, 2021.

2. What written references can I provide to Social Security that will explain definitively why, after the end of file and suspend, I continue to have the right to suspend my retirement benefits?

3. Assuming Social Security continues to insist that I cannot suspend my retirement benefits to earn DRCs, what are my options for reconsideration? Do I have to wait until Social Security provides a conclusion in writing? I don’t want to go through the formal appeals process to correct an obvious error by Social Security. Is there a less formal way to request reconsideration under these circumstances?

4. What is the earliest time I can request a suspension of my retirement benefits? Social Security has told us that the earliest time is three months before the July 2021 effective date, that is, April 1, 2021.

Thank you!

Hi. Yes, I can confirm that you since you are between full retirement age (FRA) and age 70 you are allowed to voluntarily suspend your retirement benefits. You're among many people who have been misinformed by a Social Security employee on this issue, so I can only conclude that many of them are poorly trained. And, yes, you must request the suspension no later than the month prior to the month that you want the suspension to start. You aren't actually required to submit your request in writing, but I would suggest doing so. Your written request should go to the office with jurisdiction of your address, which can be found using the following office locator: https://secure.ssa.gov/ICON/main.jsp.

The pertinent reference in Social Security's operations manual is GN 02409.110 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110). You may want to include with your written request a copy of that manual reference with example 2 highlighted so that even a poorly trained employee will be able to understand that your request is perfectly permissible. You can't file a reconsideration request except in response to a formal determination, but if Social Security continues to tell you that you can't suspend your benefits I would ask to speak with a supervisor or other member of management, or a technical expert.

There is no set time specified in the regulations regarding how far in advance you may submit a request for suspension, but I would say that 3 months ahead should be plenty early.

Best, Jerry

Posted: 
Mar 1 2021 - 5:56pm
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