Ask Larry

How Do I Convince The Social Security Workers That I Am Correct?

My husband and I can legally file and suspend (he turned 66 April 25th, 2016 and filed and suspended by April 30th, 2016; I turn 66 in February of 2017). I went to the Peekskill New York social security office to file for spousal benefits and was met with obstinate certainty that I was incorrect in my thinking. I asked to see a supervisor and was given an appointment for 11/29/16 and a 5 page handout with incorrect information and scenarios. How do you suggest I handle my appointment? Is there any definitive information I can bring with me to convince these people of their misinformation. Thanks so much for your help.

Hi,

Yes, as long as your husband filed and suspended prior to the April 30 2016 deadline, you should be able to start drawing spousal benefits only effective with the month that you reach full retirement age (FRA). The pertinent section of Social Security's programs operation manual is here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110. You may want to print out this reference and take it to your appointment with you. If necessary, you will want to point out to them the example of James and Pam in section B.3 of the above reference.

Best, Jerry

Posted: 
Nov 19 2016 - 8:00pm
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