Ask Larry

Is Our Financial Planner Correct?

Hi--I purchased MaxMySS and ran a What If scenario with my husband filing at 68 and my filing at 70. We have a disabled adult child. I was born in 10/1958 and my husband in 7/1953. The results show my filing for child-in-care spouse's benefits in Jul 2021, the year I turn 63, and my husband turns 68. This looks good to us. However, a financial planner we've consulted says if I file for CIC spousal benefits in 2021, I will be "filing early and will receive whichever reduced benefit (spousal or yours) is higher. You won't be able to restrict the application to one benefit." Is that correct? If so then it would seem that your software is incorrect. Or is the rule that CIC spousal benefits are not subject to deeming? In other words, even though I do not meet the age requirement for deeming, can I file a restricted application for CIC spousal benefits only (at age 62), while letting my own benefit grow until age 70? Thanks.


Simply put, the financial planner with whom you spoke is mistaken on this point. Deeming does not apply to child in care (CIC) spousal benefits, so you won't be deemed to be filing for your own retirement benefits when you apply for CIC benefits. The following reference, specifically in section B.2.a, clearly states that retirement benefits can be restricted from the scope of an application for CIC benefits:

Note, however, that your CIC spousal benefits would automatically convert to regular aged spousal benefits if you no longer have an eligible child in your care at your full retirement age or later. In that event you'd be deemed to have filed for your retirement benefits effective with the month of the conversion. Therefore, the strategy recommended by our software is based in part on the assumption that you'll continue to have an eligible child in care at least until you reach age 70 and file for your own retirement benefits.

Best, Jerry

Aug 22 2018 - 9:25am
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