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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35770
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am retired and am receiving Social Security. My wife turns

Customer Question

I am retired and am receiving Social Security. My wife turns 66 in Oct 2017, and intends to retire then or somewhat later. We intended to do a 'file and suspend' but the rules changed this fall effective May 2016. Is it still possible for her to do a 'restricted application for spousal benefits' and the switch to her own benefits at age 70? Some more detail is in question I asked Megan C in 2014 in my account below. It is not cost effective for her to retire early due to high income.
Submitted: 11 months ago.
Category: Social Security
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

If your wife will be 66 the end of the year that means that she will still have the right to file a restricted benefit, receive a spouse benefit based on your social security record and allow her own benefit to grow by 8% a year to age 70.

If you were not yet taking your benefit, all you would need to do to at this point is to "file and suspend" your benefit BEFORE April 30, 2016, and then when your wife reached 66, she could immediately for the restricted spouse benefit.

However, as you say you are already taking your social security benefit, there is no reason for you to suspend. In fact suspending at this time would stop your benefits.

Your wife will be fully able to file a restricted application for a spouse benefit at 66 and allow her own retirement benefit to continue to grow at 8% per year until she reaches age 70. And at age 66, if she is still working, there will be no penalty for the income that she earns. The penalty only applies to people taking a social security benefit before they reach full retirement age (66).

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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