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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am 63 years old and plan to work until age 66. I have

Customer Question

I am 63 years old and plan to work until age 66. I have worked full time for the entire years (and before) my husband and I have been married. My husband is 62 years old and will quit working at the end of this year. How if any, will my continued full
time income, affect any social security benefits for him if he chooses to begin taking retirement benefits at the end of 2015.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hey there, OK, with regard to your post:
"I am 63 years old and plan to work until age 66. ----- OK.
I have worked full time for the entire years (and before) my husband and I have been married. My husband is 62 years old and will quit working at the end of this year. How if any, will my continued full
time income, affect any social security benefits for him if he chooses to begin taking retirement benefits at the end of 2015." ------- NOT AT ALL! Only HIM working can effect his right to early retirement benefits, and only his income is subject to the 'earnings limit.'
In case you are not aware - collecting at 66 does not maximize your benefit, so if you want to know more about that, please let me know.
Also, and you likely are aware of this, your husband taking at 62 gives him the lowest rate available to him, permanently.
I will ask that an additional services option be provided you in case you wish for more information with regard to your additional question or either of the other issues I have noted.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
Your online legal resource!
Customer: replied 1 year ago.
I am aware of both. My husband may choose not to take his benefits at age 62 as my income is sufficient to provide for us and we have retirement accounts if we need additional income. However, he is not sure. The question I need answered is: If he chooses to take SSB retirement benefits now, will any of his social security benefits be taxable because I am still employed and earning? He tells me his research indicates we will have to pay state and income taxes on up to 85% of his annual social security retirement because I am still employed. I would have thought we would both apply for our SSB retirement based on our own earnings record and whatever we individually would be qualified for would not affect the other in any way.
Customer: replied 1 year ago.
I have paid the fee required on this website to have my questions answered. You are charging me an additional amount to answer my questions?
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi again, with regard to your above post/question, and your follow up:
"Yes, I am aware of both. My husband may choose not to take his benefits at age 62 as my income is sufficient to provide for us and we have retirement accounts if we need additional income. However, he is not sure. The question I need answered is: If he chooses to take SSB retirement benefits now, will any of his social security benefits be taxable because I am still employed and earning? ------ Please know that this was NOT your question above, although I am happy to answer it for you. Your question was:
"How if any, will my continued full time income, affect any social security benefits for him if he chooses to begin taking retirement benefits at the end of 2015." ------ No effect on his benefit amount - they will continue to send him the same amount as if you were NOT working or working 10 times more.
Now your NEW question, entirely different is: "If he chooses to take SSB retirement benefits now, will any of his social security benefits be taxable because I am still employed and earning? ----- Possibly, and that will depend on your combined income, as that term is defined. I believe you posed this additional but different question on a different thread, which I assisted you on. If you can't find that response, please let me know and I will be happy to prompt it.
" He tells me his research indicates we will have to pay state and income taxes on up to 85% of his annual social security retirement because I am still employed. ------- Actually, it is not based simply because you are employed, any income that would increase combined income could effect the rate of taxation on his SS. But yet, if you earn enough, it could result in taxation.
"I would have thought we would both apply for our SSB retirement based on our own earnings record ------- Yes, this is accurate and your choice.
"and whatever we individually would be qualified for would not affect the other in any way. ------ What he is qualified for is NOT effected by your working. He gets all of it. However, like ALL of our income, we are subject to taxation as per the IRC on that income. By analogy, if he worked and you didn't, and he collected SS, if he went into that next tax bracket, that is how it works. The more income we have, often the higher tax bracket. SS is not tax free, except for the lower incomed people, not dissimilar to how lower earning income people often don't pay taxes on that income.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi again, I see some confusion here:
"I have paid the fee required on this website to have my questions answered. ------ Yes, and it was answered, yes? Let me know if anything with the above answer is unclear.
"You are charging me an additional amount to answer my questions? ----- I am not charging you anything, no. However, generally, you are charged by the site to have A QUESTION properly answered. This has happened.
What you likely have seen is an offer for additional services - should you have additional questions you need or want help with, or if you want detail to your first issue that falls outside the scope of your original chosen transaction amount - either way, often there can be an offer for private email, should one want to go private on the issue or, even one on one attorney phone consult. Each service obviously comes with a fee, but severely discounted from the lawyer's standard billable hour or fee. But again, those additional services are popular, but entirely optional, of course.
Hope this helps!
Sincerely,
Stephanie O. Joy, Esq.
Social Security Attorney