Hi Larry,
My husband and I turned 66 in 2016. He was able to "file and suspend" so that I could collect my spousal benefits. We decided that wasn't working for us, so when I turned 67 last October, I began to collect my own benefit. My husband then filed to collect spousal benefits. After 5 months of waiting, he was refused. The official reason on his rejection letter said his own benefit was higher and so he had to take his own benefit, which sounds like deeming. Whenever he spoke to someone (both nationally and locally) he reminded them that we were born in 1950. The latest SSA employee said that because he had filed and suspended he was NOT eligible for a spousal benefit, but he could not direct us to anything that officially said that. We have appealed the decision and are again waiting.
Is this another case of poorly trained agents of the SSA or are they right and he is not eligible for spousal benefits?
Thank you.

Hi,

In your case it sounds like SSA is right and your husband isn't entitled to spousal benefits. The pertinent reference is the 3rd bullet in item C of the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202001.

Once your husband filed for his own retirement benefits, that became his primary benefit for life. The only way that he could subsequently qualify for a spousal benefit is if 50% of your full retirement age rate (PIA) is higher than his own PIA. Suspending his benefits doesn't change that equation, since he remains technically entitled to his own benefits even during the time that they are in suspense. And not only that, even if your husband did qualify for spousal benefits in addition to his own benefits, he wouldn't be able to receive them while his own benefits are suspended due to the amendments passed by Congress in 2015 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202001).

You may want to consider withdrawing the application that you recently filed on your own record and revert to your original plan, but before doing so you should use our software to make sure that's your best strategy.

Best, Jerry