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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17500
Experience:  B.A.; M.B.A.; J.D.
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I will be 65 in November. My full benefit age is 66. With

Customer Question

I will be 65 in November. My full benefit age is 66. With respect to the new law going to effect May should I request my benefits now?
Submitted: 9 months ago.
Category: Social Security
Expert:  Phillips Esq. replied 9 months ago.

No, you should not because the new law will not have any effect on you. Also and as you know, if you take your benefit now before your full retirement age, your benefit would be reduced.

The new law will not take away your benefits or any benefits that you are entitled to. The new law essentially deals with two strategies some retirees were using to maximize their benefits namely: file and suspend and restricted spousal application.

File and suspend deals with when both husband and wife have reached their full retirement age. One would file and suspend his benefits so that the other would apply for spousal benefits only. Then the other spouse would apply for benefits when he reaches age 70. This would maximize their benefits. Under the new law, this loophole has been closed. So, when a spouse files and suspends, all benefits would be suspended preventing his spouse from applying under his earnings.

The other one is restricted spousal application where one spouse can elect just to apply for spousal benefits only and then apply for her own benefits later. This would no longer be allowed for any one that has not turned age 62 by the end of December 2015.

So, the new law does not affect you and there is nothing for you to do.

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