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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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I am currently under the restricted type filing wherein my

Customer Question

I am currently under the restricted type filing wherein my husband has spousal benefits and he suspended his benefits to age 70. I returned to work and was misinformed by ss that my working would not impact his benefits...just mine since I am not yet 66. We both however got notice that both benefits would cease this year and be reevaluated upon filing of our return next year! Ouch! Now I understand effective April 2016 this filing strategy will be discontinued...my fear since I can't get a straight answer from ss is...are we still active participants in the plan since we are not receiving benefits currently and will will be grandfathered in or have we lost our filing status. I need desperately to know the correct answer as I need to seriously consider if I need to reconsider my future or this new job!
Submitted: 9 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 9 months 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.

The only deadlines that would effect you are the "file and suspend" deadline which is April 30, 2016. One would have to be at full retirement in order to suspend their benefits and allow their spouse to take the spousal benefit. This would not effect you anyway as you have filed for early retirement and will not be age 66 on April 30. The "restricted benefit" on the other hand is what your spouse has elected (you could not have made this election only filed to receive your retirement benefits if you were before full retirement age). You are grandfathered into this if age 62 on December 31, 2015. This is filed when one actually reaches full retirement age (age 66 in 2016). So even though you are not receiving retirement benefits because of your income and thus your spouse not receiving the spousal benefit, your spouse is still grandfathered into the restricted benefit. You can (if within 12 months of your initial election) rescind your election as long as you pay back all of the benefits you received during this time (including spousal benefits). This might be beneficial if possible and you would be able to increase your benefit until age 66 when you can earn income and not be subject to the penalty. To answer your question, your husband can still restrict his benefit as he is grandfathered in.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 9 months ago.

Just checking back in,do you have any further questions?