Does your software take into account the rule passed in 2015? I sent you a question earlier. I am L and we did successfully apply and receive social security in #1 - 3. When I applied in #4 for spousal benefits after my husband applied for his on social security in #3, I was denied spousal benefits. His spousal benefits are about $50 more a month than my own benefits. I was denied spousal benefits they said because of the law passed in 2015. My finanacial planner and my accountant both think I should be getting spousal benefits and that the law doesn't apply to me. What is confusing is that my husband who is 6 years older than me applied for my benefits and delayed applying for his in #2. I don't think my husband's delaying his benefits until he turned 70 should have anything to do with my applying for spousal benefits in #4, DO YOU?

1) L begins benefits based on HER earnings record in October 2019 (age 62 and 1 month) of $918/month. WORKED
2) R begins HER spousal benefits in October 2019 of $630/month. WORKED
3) R switches to benefits based on HIS earnings record in March 2021 (age 70) of $3,589 per month. WORKED
4) L switches to HIS spousal benefits of $993/month in March 2021 (age 63 and 6 months). DENIED I am now just getting my own benefit which is less than R's spousal benefits.

I would be happy to purchase your product just for helping me with this problem. Thank you!

Hi. Yes, our software (https://maximizemysocialsecurity.com/purchase) accounts for the 2015 Social Security amendments, and can handle all of the calculations involved in a case such as yours.

I misunderstood your original question, but as I explained in my updated response to that question, you aren't allowed to switch from collecting your own benefits to collecting just a spousal benefit. That's always been true, and has nothing to do with the 2015 amendments. If a person is drawing their own benefits and if they subsequently become eligible for a higher spousal or survivor benefit, then they continue to be paid their own benefit plus a partial spousal or survivor benefit. Any reduction for age applied to their own benefit rate continues to apply, though, even if they later become eligible for an additional benefit.

Therefore, the only way that you'd qualify for spousal benefits is if your own primary insurance amount (PIA) is less than 50% of your husband's PIA. If it is, then you could be paid a partial spousal benefit in addition to your own benefit. However, if your PIA is at least as much as 50% of your husband's PIA, then you wouldn't be eligible for spousal benefits. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

The bottom line is that if your PIA is less than 50% of your husband's PIA, then you should be able to qualify for a partial spousal benefit in addition to your own reduced benefit. But, if your PIA more than half of the amount of your husband's PIA, then Social Security was correct to disallow your claim for spousal benefits.

Best, Jerry