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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Hello, My husband and I are both 68 years old. He is planing

Resolved Question:

Hello,
My husband and I are both 68 years old. He is planing to retire after the age of 70. I am planing to get social security retirement benefits based on his. We know that we both could apply now and get what is due to us at this time, which will be less then in two years. So we decided to wait until he stops working.
I was told that if we both apply now, after approval, my husband could cancel/postpone his benefits until he turns 70 and will get then the maximum retirement benefits but I could continue getting mine, and even after 70 I also could get the maximum payment.
Is it possible this to be true? Sincerely, SK
Submitted: 10 months ago.
Category: Social Security
Expert:  LawTalk replied 10 months ago.

Good afternoon Svetla,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

What you were told is absolutely correct and you should do it, because you gain nothing additional by waiting until he reaches age 70. That is because your spouse benefit is based on only his full retirement age benefit that he could have taken at age 66. You will not be awarded a share of the delayed retirement increase that he is getting by putting off retirement until age 70.

The process is known as apply and suspend. Each of you apply for retirement benefits at the same time, now, and then after that is done, he immediately suspends his application and he can then wait until age 70 and get the additional retirement benefit (8% each year he waits) and you can begin to collect your 50% spouse benefit immediately. You may also ask to collect your benefit retroactively back 6 months from when you apply for your benefit. However, you cannot get retroactive benefits further back than 6 months. So, it is really critical that you apply as soon as possible---both of you.

If you survive your husband, then you will be entitled to a survivor benefit instead of the spouse retirement benefit---and that benefit will be 100% of what he is entitled to or receiving at the time of his passing---which will include the delayed retirement benefit of the 8% per year.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

 

Customer: replied 10 months ago.
Hello Dough,
Thank you for your excellent advise.
To make absolutely sure that I understood you correctly- Are you saying that my spousal benefits will be exactly the same at my husbands age of 66 and 70?
Regards, Svetla
Expert:  LawTalk replied 10 months ago.

Hi Svetla,

Your spousal benefit will be 50% of what his full age retirement benefit would have been at age 66.

You could have taken your benefit at age 66 and it would have been exactly the same as it will be when you take it now, or if you wait until when he reaches 70---your spouse benefit does not increase beyond the 50% of his full retirement age benefit just because he might be waiting for retirement until age 70.

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug

LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
LawTalk and 2 other Social Security Specialists are ready to help you
Expert:  LawTalk replied 10 months ago.
Thank you for your positive rating of my service, Svetla. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 10 months ago.
Hello Doug,
In the case of a suspended application for ss. pension benefits what do you mean by saying that my husband should immediately suspend his application? Does it mean that he should put this on his application form or should he wait for the approval of his claim?
Regards, Svetla
Expert:  LawTalk replied 10 months ago.
Hi Svetla,

I mean that you and he will go into your local social security office at the same time, both of you file for benefits at the same time, and then he simply verbally asks the social security employee to suspend his benefits---all in the same visit to social security.

Here is a link to helpful information:

http://www.ssa.gov/retire2/suspend.htm

Doug


LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
LawTalk and 2 other Social Security Specialists are ready to help you
Customer: replied 10 months ago.
Hello Doug,
Thank you for the offer. We have already successfully submitted our applications.
Regards, Svetla

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