Ask Larry

Is A File And Restrict Option Available To Me?

I am going to be 66 this year and have two dependent children (under 18). My spouse is only 54. My oldest is diagnosed with ADHD. Is a file and restrict option available even though my wife is quite a distance from retirement.
Her income is substantially greater than mine.
Thank you, Glenn

Hi Glenn,

I'm not sure what you are referring to by file and restrict. You could file for and suspend your benefits, but your wife and children could not be paid benefits from your record while your benefits are suspended. So, there is likely no reason for you to consider filing for and suspending your benefits.

Filing a restricted application most commonly occurs in cases where a person files just for spousal or survivor benefits only while waiting until later claim their own benefits. It doesn't sound like that would work in your case because your wife would have to be drawing her benefits in order for you to potentially qualify for spousal benefits, and unless your wife is disabled the earliest that she could claim benefits on her record is at age 62.

The soonest that your wife and children could potentially draw benefits on your record would be when you file for and start drawing your benefits. Your wife could potentially qualify for child in care spousal benefits regardless of her age, provided that she has a child in her care who is either under age 16 or disabled by Social Security's definition.

You appear to have several different potential filing options available to you, and the best option depends on a number of factors. You should strongly consider using our software to compare your various options in order to determine which strategy would likely be best for you and your family.

Best, Jerry

Category: 
Posted: 
Sep 19 2018 - 4:17pm
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