Who Is Right And What Do We Do Next?

Jan 16 2018 - 7:51pm

2 years ago your company did a social security analysis for me, of which I paid for. I also bought your book. I went to the social security office today and they said NO to your recommendation . I need HELP if they are wrong or what to do next. I have an appointment on 1/22/18 to contest the opinion I was given. My wife did nothing at todays visit except to contest and re schedule. Here is the story. My wife and I both worked, we are both retired and I was the bigger earner. My birthday was 3/28/50 . My wife 3/5/52
I reached my FRA on 3/28/16.I filed and suspended. Now as my wife approaches her 66 birthday , her FRA, on 3/5/18 we went to Social Security to defer her benefit and file for spousal benefits. WE WERE TOLD WE CAN NOT.
We were told 1. BOTH husband and wife had to be 66 when the law changed 2 years ago. (I was 66 and my wife was 64 but our date of birth, I believed was grandfathered in). We were told we were not grandfathered in because BOTH of us had to be ^^ before the law changed and had to file and suspend AND tell them 2 years ago that she would be taking spousal. and 2. I would have had to take benefits for her to take spousal.
3.If I did not cancel my file and suspend then she could suspend hers or take her full benefit starting 3/5/18.
I told them they were wrong on the law therefore a new appointment.
So, who is right and what do I do next
Please contact me asap.
Thank you
Rob

Hi Rob,

There is absolutely no question that our software's advice to you was correct and the information that the Social Security representative told you is wrong. The new voluntary suspension regulations passed by Congress in 2015 DO NOT require a spouse to have reached age 66 before April 30 2016 in order to be able to draw benefits on their spouse's record whose benefits are in suspense, as long as the worker on whose record the spouse is entitled voluntarily suspended their benefits prior to the April 30 2016 deadline. This fact is clearly specified in the answer to FAQ #4 in the following reference from Social Security's website: https://www.ssa.gov/planners/retire/suspendfaq.html.

When you have your appointment, your wife should insist on filing a restricted application for spousal benefits only effective March 2018 even if Social Security once again gives her the same incorrect information. It may help to print out the following section of Social Security's operations manual and point out section B.1 to the representative with whom you speak, particularly the first 'NOTE': https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110.

When your wife receives her award letter, if Social Security proposes to suspend her spousal benefits rather than pay her, she should file a formal appeal. You may also want to contact the offices of your Congressional representatives in that event in order to call their attention to your plight.

Best, Jerry