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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17887
Experience:  B.A.; M.B.A.; J.D.
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I understand that beginning May 1st, 2016 social security

Customer Question

I understand that beginning May 1st, 2016 social security recipients like myself and my husband (both on social security disability) will need to lock in our payments due to a new government law signed by our President, Mr. Obama. Can you tell me if this issue applies to us.
Submitted: 10 months ago.
Category: Social Security
Expert:  Phillips Esq. replied 10 months ago.

Hello: If you are already receiving benefits, the new law that goes into effect in April 30, 2016 does not affect you. 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.

Since you are on Social Security disability benefits, your disability benefits would automatically change to regular retirement benefits when you reach your full retirement age.

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

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