Ask Larry

Is It True That I Can't File For Widow's Benefits Because I Was Born In 1956?

Can I apply for Widow's benefits at age if I was born in 1956?
I am still working and turned 62 this year. I wanted to file for widow's Benefits first and then switch to my at age 70.
I was told I would not be able to do this. My husband passed away a few years ago at age 71.
He had been collecting SS since he was 64. My SS will be higher then the widow's benefits at age 65, but it sill makes since to let my grown more until 70. If I am in good health.
I was told it had something to do with the year I was born 1956. The widow's benefits changed and anyone that was born on or after 1956 could not file for Widow's benefits and waive if theirs SS was higher.
Can you please confirm if this is true.
Thank you so much for your help.

Hi,

I'm sorry for your loss.

No, there is no rule that would prevent you from filing for widow's benefits now or in the future while allowing your own retirement benefit rate to grow until age 70. The fact that you were born in 1956 makes no difference in that regard.

Assuming that your own retirement benefit rate is in fact higher than your potential widow's rate, your likely best strategy would be to file for widow's benefits as soon as your earnings would allow at least some benefits to be paid and then switch to your own retirement benefits at age 70. However, your ability to actually draw widow's benefits prior to your full retirement age of 66 & 4 months depends on how much you will be earning between now and then. For example, if you filed for widow's benefits now, Social Security would likely need to withhold $1 of your benefits for each $2 that you earn in excess of $17,040 this year (https://www.ssa.gov/planners/retire/whileworking.html). And, depending on how much you earn, that could result in the withholding of all of your benefits.

You should strongly consider using our maximization software to verify that the basic strategy outlined above is in fact your best option. The software can also help you determine the optimal month to claim your widow's benefits given your expected earnings.

Best, Jerry

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Posted: 
Aug 28 2018 - 4:33pm
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