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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 will turn 66 On June 7th. I work and not collecting ss. My

Customer Question

I will turn 66 On June 7th. I work and not collecting ss. My husband has been collecting ss since age 62. Can I still file & suspend and receive 1/2 of my husbands amount and deferrer mine till age 70? Thchanges have us fighting who is right. I say I am because of the grandfather clause.
Submitted: 10 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 10 months ago.

A file and suspend does not allow you to receive anything. It means you file for benefits and then suspend getting them. Rather, what you can do is simply file a "restricted" application for spousal benefits ONLY, once you are of your FRA. That way you never file for your own benefit at all (so no need to suspend it to defer), only a spousal, then later at 70 switch to your bigger benefit on your own record. Yes, you are grandfathered for this Restricted Application for spousal only - and it will not be available for those that didn't turn 62 before end of 2015. And, your husband is already collecting SS, which triggers your right to collect spousal should you choose. In your case, obviously better to collect something from 66-70 than have to wait til 70 to get that increased amount.

Expert:  Stephanie O Joy, Esq replied 10 months ago.

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.

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