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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2938
Experience:  associate attorney
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I, Billy M. Shadwick, was placed on Social Security

Customer Question

I, Billy M. Shadwick, was placed on Social Security Disability in 1986, I am now 86 years old, I have not worked since that date. What has changed during these years that I should know about and adjusted to. I have been told that a hidden law has been passed with a cut-off date soon. Please bring me up to date on any action I should take at this time...
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

This change does not affect you at your age and is being hyped in the media but it is a small loophole that is being closed. It is not a magical lump sum that has to be elected and deals with "file and suspend" and spousal benefits. A spouse can only take the spousal benefit if the other spouse has elected to take their benefit. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, social security means a child who is under age 16 or who receives Social Security disability benefits. Currently the law is changing and a "suspend and file" cannot be elected starting on may 1, 2016. In this circumstance at full retirement age (66) one could file and suspend their benefits and continue earning credits until age 70 and their spouse could elect to take the spousal benefit. The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced. So at your age, you can not suspend your benefits and this would not affect you unless you have a spouse that is 62-66 that might want to file a restricted application that is also being limited (this also deals with the spousal benefit).

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 1 year ago.

Just checking back in, do you have any further question? I want you to be satisfied with my service, so please let me know.