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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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My husband died in May, I am 63, can I file & suspend s

Customer Question

My husband died in May, I am 63, can I file & suspend his social security until I am 66? & is there a deadline coming up for this?
Submitted: 9 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 9 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Customer: replied 9 months ago.
can I do this?
Customer: replied 9 months ago.
My husband died in May, I am 63, can I file & suspend his social security until I am 66? & is there a deadline coming up for this?
Expert:  Stephanie O Joy, Esq replied 9 months ago.

I had posted an answer - I don't see it showing up. I will redo.

Customer: replied 9 months ago.
no I don't need a live call
Expert:  Stephanie O Joy, Esq replied 9 months ago.

No, you can't file for him, since he has passed.

You CAN file for a survivor benefit at 63, but being that it would be "earlier" than your full retirement age, you only get a %. If you wait til 66 to get 100%.

Customer: replied 9 months ago.
can I file & suspend my survivor until I am 66 was the question
Expert:  Stephanie O Joy, Esq replied 9 months ago.

Generally, you will want to analyze the various maximums you could be eligible for, so you may decide to maximize the highest one while collecting the lower one in the meantime.

Expert:  Stephanie O Joy, Esq replied 9 months ago.

What would be your objective in filing and suspending a survivor benefit? To what end?

Customer: replied 9 months ago.
no I am better with typing
Expert:  Stephanie O Joy, Esq replied 9 months ago.

Try to focus on what I am typing to you - I am not indicating a phone call - that may be the site.

Expert:  Stephanie O Joy, Esq replied 9 months ago.

So again: "What would be your objective in filing and suspending a survivor benefit? To what end?"

I am thinking that you are not clear on what the file and suspend business is used for, which is why I ask you to specify what you are thinking so I can clear it up for you.

Customer: replied 9 months ago.
You failed to answer my question. Can I file & suspend my survivor benefits until I am 66, & then at 70 collect my benifits
Customer: replied 9 months ago.
because file & suspend is going away because of a recent bill passed
Expert:  Stephanie O Joy, Esq replied 9 months ago.

AGAIN, mam, you must read above, unless you really only want a Yes or No answer.

NO, you can not file and suspend, ever, under the age of 66. But more importantly, you'd have NO reason to F&S a survivor benefit. That is not its purpose.

Customer: replied 9 months ago.
thanks
Expert:  Stephanie O Joy, Esq replied 9 months ago.

The only thing changing relevant to suspend is that if ONE suspends for a purpose (and it is only done for a reason), after 4/30, all suspensions become blanket suspensions - so they also suspend collection by dependents of the suspending work who is trying to defer his own benefits for a purpose.

Expert:  Stephanie O Joy, Esq replied 9 months ago.

F&S is when you have a spouse (living) that wants to collect a spousal benefit, but can't because you have not filed yet for your own, thereby triggering his right to spousal. So, you, if you are 66+, can file/suspend your own benefit, so you don't take yours and yours can grow, and also triggering his right to file for spousal. But NOW, after 4/30, if you suspend so you can defer your own to grow, you also suspend that spouse's spousal benefit.

As you can see, this law will not hurt you vis a vis your right to survivor benefit, thank fully.

Warm regards,

Stephanie Joy

Expert:  Stephanie O Joy, Esq replied 9 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.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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