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What Type Of Notice Language Is Used When A Restricted Application Is Filed?

The typical Social Security award letter has either of the two following similar statements in it: "The benefits described in this letter is the only one you can receive from Social Security" or "This benefit is the only benefit you can receive from us at this time." However, in the case of a restricted application the applicant has what is called a "dual entitlement." Can you share with us the award notice language that a restricted applicant receives? Specifically, how does the award letter document that the restricted applicant is eligible to receive a different award in the future? Thanks.

Hi,

I think that you misunderstand what filing a restricted application means. Filing a restricted application means that you are restricting one or more types of benefits from the scope of your application. In other words, you are excluding the possibility, at least for the time being, of claiming entitlement to more than one type of benefit.

For example, say that Bob was born prior to January 2 1954 and when he reaches full retirement age (FRA) he files a restricted application for Social Security spousal benefits only. To do so, Bob would specifically state on the application that he does not want his application to be considered as an application for Social Security retirement benefits on his own record. Social Security applications are normally considered as applications for all types of benefits for which the person is eligible, so if Bob didn't restrict retirement benefits from the scope of his application then he would be claiming retirement benefits starting with the same month he claims spousal benefits. Bob would then only receive essentially the higher of the 2 benefit rates.

Since Bob is filing a restricted application for one type of benefit only (i.e. spousal), his award letter would then state that those benefits are the only benefit to which Bob is entitled. Bob would then be free to file for his own Social Security retirement benefits at any time, but he would need to file a separate application to do so. You can't use one application form to file for 2 different types of benefits to start at different times.

'Dual entitlement' refers to being entitled to 2 different types of benefits at the same time. An example of that would be a person who's receiving an excess spousal benefit in addition to retirement benefits on their own record. To become entitled to a particular type of benefit you must apply for that benefit. So, if you're eligible for more than one type of benefit but you file a restricted application for only one of those benefits, you would not be dually entitled.

Best, Jerry

Posted: 
Jul 12 2019 - 8:42am
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