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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13503
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My husband is 75 and currently receiving social security. I

Customer Question

My husband is 75 and currently receiving social security. I am 62 and working part time but fall into the law changes taking affect in April. I would like to forego taking my own social security and take my 50% of my husband's for the next few years and then start taking my own. How do I go about doing that? Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

When did you turn 62, Jackie?

Customer: replied 1 year ago.
November 23, 2015
Expert:  Stephanie O Joy, Esq replied 1 year ago.

That is good news. This is because any ability to ever file a restricted application for spousal benefits only, will stay with you - you are grandfathered. Anyone who didn't turn 62 before end of the year is no longer permitted.

That said, here is what is going on:

Customer: replied 1 year ago.
I can file a restricted application for spousal benefits only and receive 50% of my spouses benefit without affecting my own benefit growth?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Your own primary insurance amount (PIA) is apparently MORE than 1/2 of your husband's PIA. When we are younger than our FRA (full retirement age), if we file for retirement, we automatically get paid the higher amount AND we are deemed to have filed for both our own and our spousal. So, there is no deferring our own, we must always take them. To file for spousal and NOT collect our own so ours can grow, we must be at least our FRA -this is not the new law, but the prior and continuing law.

That said, you can then file a restricted spousal application to collect spousal and NOT your own, from 66-70, then switch to your own amount which will have grown 32% over your PIA. You can do this because your spouse has already triggered your right to a spousal, AND, being 62 already, you are grandfathered to be able to file for that restricted once you hit your FRA. The new law actually does not effect you - this is because the 4/30 deadline pertains to people that want to file and suspend their benefits so their spouse can later file for spousal while the suspender's go uncollected and continue to grow. Here, your husband has no need to suspend his benefits, for doing that will not cause them to grow.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

"So, I can file a restricted application for spousal benefits only and receive 50% of my spouses benefit without affecting my own benefit growth?" ------- Yes, but ONLY once you turn FRA. It have never been an option before FRA, and continues to remain a non-option if one is under FRA.

One can file for spousal before FRA, but it is an automatic application for their own and they then can not grow their own til age 70.

Expert:  Stephanie O Joy, Esq replied 1 year 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.

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Expert:  Stephanie O Joy, Esq replied 1 year ago.

Urgent! There is just one more step needed, so thank you for finishing up!

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