How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35390
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
15277592
Type Your Social Security Question Here...
LawTalk is online now
A new question is answered every 9 seconds

My wife turned 66 on January 6th. I will turn 66 on November

Customer Question

My wife turned 66 on January 6th. I will turn 66 on November 7th. Can my wife file and suspend prior to April 30th and I would get 1/2 of here ss earned starting in November and thru October 2020? And then when both of us turn 70, we would be getting our ss as earned the extra 8% per year from 66 to 70 years of age?
According to the new law, since I turn 66 in November, I would not be allowed to file and suspend with my wife getting 1/2 of my ss - right?
Mike
Submitted: 9 months ago.
Category: Social Security
Expert:  LawTalk replied 9 months ago.

Good afternoon Mike,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I wanted to let you know that I am working on an answer for you right now. Please give me a few minutes to complete my answer and get it posted to you. Thanks in advance,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon Mike,

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

Great question, and the answer is yes, you can.

You wife MUST file and suspend her benefit before April 30, 2016. Then on your reaching 66 you may file a Restricted Benefit application and collect a spouse benefit while both your own retirement benefit, and hers, continue to grow at 8% per year up to as late as age 70.

You are also correct in understanding that because you will not be 66 before May 1, 2016 that you have forever lost the ability to file and suspend your benefits. The only way that your wife could take a spouse benefit---restricted or otherwise----will be if and when you actually apply for and begin receiving your own retirement benefit.

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 9 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 asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug