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 Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13399
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
10805288
Type Your Social Security Question Here...
Stephanie O Joy, Esq is online now
A new question is answered every 9 seconds

I am 67 year and want to know how I can file benefits before

Customer Question

I am 67 year and want to know how I can file for these benefits before they expire. I am working and not taking my social security.
My husband is 72 years old and taking his social security. how can he be benefited.
Thanks
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

OK, here is what you can do, NOW. Because you are over well over 62, and married! you can file for a "restricted application for spousal benefits Only" - this will get you 50% of your spouse's primary insurance amount. You can keep collecting that (barring rarer liens or offsets) until you are 70, while your OWN benefit is growing (uncollected), and then switch to your own come age 70. But at least get a spousal in the meantime.

So remember, when you go to the SSA office, you are ONLY to file a "restricted application for spousal benefit only". Not to implicate your own benefit/work record.

Customer: replied 11 months ago.
My husband is 71 and has been taking his SS since age 66. I am 67 and I am taking spousal benefit since last two years. Now I am going to file for SS and then suspend it. My husband wants to give back his SS that he took all these years and wants to get at the higher rate. I know I have to give my benefits too???? Can he do that even if he is 71?
Expert:  Stephanie O Joy, Esq replied 11 months ago.

"My husband is 71 and has been taking his SS since age 66.------- OK

I am 67 and I am taking spousal benefit since last two years. --------- Hm, since you were 65? That would mean that your spousal is bigger than your OWN, since at 65 when you applied, they force you to take that which you are eligible, that is bigger. BUT, they pay for that spousal amount by paying first your own to you, then your spousal supplement. So, in fact, you HAVE been collecting your own, unfortunately.

"Now I am going to file for SS and then suspend it. --------- You can suspend, but it won't do you any good UNLESS not taking for 3 years, anything, will allow your own to grow so it is bigger than your spousal, then you can switch over.

"My husband wants to give back his SS that he took all these years and wants to get at the higher rate. ------- Unfortunately, they do not allow a reversal (known as a "withdrawal" of application where you pay back all), except within the 1st 12 months after filing. He is long since too late, unfortunately.

"I know I have to give my benefits too???? ---------- Like your H, you have missed that deadline. You can not. At best you can suspend IF that will benefit you. But you have to compare your benefit amount along with your spousal amount, and see if your own can grow to be bigger than your spousal, and if so, is it enough of growth to warrant doing without for 3 years.

Can he do that even if he is 71? ------ Nope. The rules largely effect those that haven't yet filed and are under 70.

You appear to be limited to only suspending your own, doing without any til age 70 - but I'd only do that if my age 70 benefit beats what I am getting now.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy 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.

Your online SS legal resource!