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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I will be 66 on May 13th of this year and have not filed

Customer Question

Hello!
I will be 66 on May 13th of this year and have not filed for Social Security. I would like to receive spousal benefits beginning in May (or June) of this year, and would like to wait to receive my own benefits until age 70.
My husband is 67, has not filed for Social Security, and has an appointment tomorrow to submit an application to file and suspend, so that it would make me eligible for spousal benefits. He will wait till age 70 to take his own benefits.
In what order should I proceed, after he has submitted the application to file and suspend benefits tomorrow? Since I won't be 66 until May 13th, and the new regulations go into effect on May 1st, what should I do and when? My goal would be to take the spousal benefits between my 66th birthday (May 13, 2016) and receive those until I turn 70 in 2020. I am puzzled about whether to submit an application for myself when my husband submits his file and suspend application tomorrow. I want to make sure I am doing things at the most optimal times.
Thank you so much for any help you can give me. It's a little confusing with May 1st changes going into effect just before my 66th birthday.
Sincerely,
Kathryn R.
Submitted: 9 months ago.
Category: Social Security
Expert:  lev-tax replied 9 months ago.

You will not be able both to use the "file and suspend" strategy.
If you start receiving benefits now - at age 66 - you will not be able to have your benefits grow till age 70.
However if you are eligible for your own benefits and benefits based on your spouse 's working record - you may receive larger of these AND

your spouse may postpone his benefits till 70 and let them grow.

Customer: replied 9 months ago.
Social Security Solutions had said that I should file a restricted application in May. Is that incorrect?
Expert:  lev-tax replied 9 months ago.

That is correct

As long as you are at full retirement age (FRA) - a restricted application takes place when you apply for spousal benefits ONLY and delays your own benefits.
That would allow your benefits to grow 8% a year.

Customer: replied 9 months ago.
A restricted application is what I am planning to do. How far ahead of my 66th birthday can I submit the restricted application? Can it be submitted up to 90 days ahead of my 66th birthday, to begin in May?
Expert:  lev-tax replied 9 months ago.

anyone who was born in 1953 or earlier (or January 1st of 1954) will still be able to do a Restricted Application for spousal benefits, even if the filing doesn’t occur until years from now.
That “Social Security loophole” will be closed at the end of April 2016.

Customer: replied 9 months ago.
That is what I had read in researching this topic. What I am unclear about is how many days prior to my 66th birthday I can submit the restricted application.
Expert:  lev-tax replied 9 months ago.

In general you may apply for social security benefits 3 months before you turn age 62 or 4 months before you want your benefits to start.
There is no special provision for the restricted application - as that is not an official term.
The term of a restricted application means that you apply for spousal benefits ONLY and delays your own benefits.
So if you want benefits to start from May 13, 2016 - you are eligible to apply after Jan, 13 2016.
As long as you apply before the end of Apr 2016 - you are OK.