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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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What is new about Social Security if you are not 70 yet you

Customer Question

What is new about Social Security if you are not 70 yet you might get some help or what? Its something that you have to do soon if you are not 70.
Submitted: 9 months ago.
Category: Legal
Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Congress made some changes to Social Security that is in the process of being implemented. These changes will negatively effect certain beneficiaries because they take away options in regard to the coordination of your own benefit with your spouses benefit. The one that most aligns with your situation pertains to "restricted applications."

Currently, those who are between their full retirement age and age 70 can file a "restricted application" to claim spousal benefits and at the same time defer their own benefits until age 70. This allows you own benefit to grow larger. Once you reach age 70 you switch to your own benefit which would then be larger.

What is changing is the elimination of the "restricted application." When that occurs retirees will no longer be able to wait to receive their own benefit, allow it to grow, and then switch to it from their spouses. At that time you will only receive the larger of either their spousal benefit or your own benefit. You won't be allowed to switch between benefits for a larger monthly check.

The other possibility is if some or all of your benefits were suspended while you were taking your husbands benefit. There is a program where you can get a lump sum payment of your past restricted benefits. But that program is also going away.

Based on your description of how you are receiving social security I can't be certain which of these (if either) you can take advantage of, so I urge you to make an appointment with your social security office and have them review your account and your husbands to see if you can benefit form a better coordination of your benefits. Please do not delay because if you are eligible but do not apply you can lose the benefit. You have until May 1, 2016, to pursue this.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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