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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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I just found out that after 12/31/15 you cannot file

Customer Question

I just found out that after 12/31/15 you cannot file for your spouse's social security. Is that true and if so how can I get grandfathered? We are divorced and I am not remarried. We were married for over 25 years and I did not work during those years.
Submitted: 11 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 11 months ago.

Congress has decided to close the perceived “loopholes” in the Social Security rules. By extending the rules for deemed application, it will no longer be possible to file a restricted application for just spousal benefits. And with an extension of the “suspension” rules that stipulate suspending an individual’s benefits will also suspend any benefits to other people based on the same earnings record, Congress has killed off the various “File and Suspend” strategies to allow spousal and dependent benefits to be paid while still earning delayed retirement credits.

Perhaps most notable for the new Social Security crackdown, though, is the effective date for the rules. While the new limits to Restricted Application will not apply to anyone who is already age 62 or older in 2015. This will kick in 6 months from now (thanks to a recent amendment to the original legislation), grandfathering anyone currently going through file-and-suspend but limiting anyone who tries to suspend benefits thereafter. Beyond that point, anyone who suspends will find that no benefits will be payable until the individual who suspended chooses to reinstate benefits (either to restart them now, or finish waiting until age 70). So yes you can be grandfathered according to these rules that have been laid out if you meet those requirements, if not you will not.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.