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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35390
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am 67....and have been collecting Social Security since I

Customer Question

I am 67....and have been collecting Social Security since I was 62.
My wife turns 66 on May 28, 2016.
She wanted to take the option to collect an amount half of the amount of my benefit.
We understand that opportunity was repealed, and that there is a deadline she may or may not miss.
Does she make it....or is she blocked (misses the deadline) due to her birthday?
Submitted: 12 months ago.
Category: Social Security
Expert:  LawTalk replied 12 months ago.

Good morning,

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

Your wife did not miss the deadline---at least the one that would effect her plan.

The ability to file and suspend will end for anyone over 66 who has not utilized it by May 1, 2016. For those born after that date, they will never have the right to file and suspend---that ability was recently taken from us. File and suspend allows one spouse to file and suspend--allowing their own benefit to continue to increase in value while the other spouse takes a spouse benefit. File and suspend is only needed where the person against whom the spouse benefit is claimed is not receiving a benefit yet.

Because you are already receiving your benefit, then your wife will be able to file a Restricted application when she reaches 66 and apply for only a spouse benefit, which will allow her own retirement benefit to grow by 8% per year up to age 70. The ability for a person to file a restricted application will remain available for all people born before January 2, 1954. Folks born after that date will lose both the file and suspend and restricted application ability.

So you wife is all set to file a restricted benefit application for only a spouse benefit when she turns 66 in late May, 2016. There is no deadline that she will miss, thankfully.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug