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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 18360
Experience:  B.A.; M.B.A.; J.D.
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I am 83 yrs old and also have a 64 year old disabled

Customer Question

I am 83 yrs old and also have a 64 year old disabled daughter. How does the HR 1314 going to affect us?
Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.

The new will not have any impact on you and your daughter.

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 or your daughter and there is nothing for you to do.