I was collecting spousal benefit since May 2020. Hubby is still here! Was saving it towards retiring. I was working full time.
I am 68 and applied for my own retirement May 3 2022. Waiting to get my award letter and called after 3 weeks. I was told I wasn’t supposed to be getting spousal benefit and have to pay it back! Evidently if you’re born after January 1954 it doesn’t apply. And I’m born in april 1954. I have no idea why it went through. All I knew was it was approved and they were paying me. I’m very upset about this and if I have to pay back fine however I want to be sure this will not affect my own retirement payments. Thanks

Hi. Unfortunately, since you were born after January 1 1954 you aren't allowed to claim spousal benefits on the account of a living spouse while waiting until later to claim your own benefits. People born after January 1 1954 are deemed to be filing for both their own Social Security retirement benefits and spousal benefits whenever they apply for either benefit (https://www.ssa.gov/benefits/retirement/planner/claiming.html).

Social Security shouldn't have allowed your claim for spousal benefits to be approved without requiring you to apply for your own benefits at the same time. Technically, though, your application for spousal benefits was also a claim for your own retirement benefits. Therefore, I believe that you'd need to withdraw your earlier claim for spousal benefits unless you want your own retirement benefits to start retroactively to the month you started drawing your spousal benefits.

The only way that Social Security regulations would allow you to start drawing your own benefits with a later month than the month you claimed spousal benefits is if you withdraw your earlier claim and repay all of the benefits you've received. Your other option would be to start your retirement benefits effective with the same month you started your spousal benefits based on your original application date. That would result in a lower monthly retirement benefit amount, but if your retirement benefit rate is higher than your spousal rate then you wouldn't have to repay any benefits. Social Security could simply deduct the spousal benefits you've been paid from your retirement benefit back pay.

I would strongly suggest that you call Social Security and try to make an appointment to discuss your options with a Social Security technical expert.

Best, Jerry