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When Can I File And What Does A Filing Date Refer To?

My question concerns specific details surrounding filing dates for spousal only benefits. My birth date is 11/22/53. My wifes date is 12/22/53. Since we were both born before 1954, I would like to claim spousal only benefits when we both reach FRA later this year, and have her claim her full benefit at age 66 in December. My understanding is that I must wait for her to file first, since I turn 66 exactly one month before her. My specific question is, at what date can I file, and when they refer to a filing date, is that the effective date that I request, or the date of my application? The rule says she must have filed first. Does that mean if she requests benefits in September, to take effect in December at FRA, that I can request spousal only in November when I reach FRA (to take effect in December)? Or, must I wait until she is actually 66, on December 22, Or, must I wait until she receives her first payment sometime in January? Not sure if I should wait until February just to avoid confusion, even thought that may mean foregoing a month or two of benefits. Any clarity on these dates would be helpful. Thanks.

Hi,

Your filing date is the date that you apply for benefits. The month that you choose to start drawing your benefits is your month of election, or month of entitlement assuming you're approved.

You couldn't file an application for spousal benefit until your wife files for her benefits, but you could file at the same time that your wife applies for her benefits. Your month of entitlement to spousal benefits can't be any earlier than your wife's first month of entitlement to her Social Security retirement or disability benefits. So, if your wife wants to claim her benefits effective with December 2019 then that's the first month you could choose to start spousal benefits. You can apply up to 4 months prior to your month of election, so if your month of election is December 2019 you could apply as early as August 1 2019.

Before you file, you and your wife should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to explore and compare all of your options in order to determine your best possible filing strategy.

Best, Jerry

Posted: 
Aug 21 2019 - 3:48pm
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