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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13505
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My wife and I are both 64 turning 65 this year. My SS

Customer Question

My wife and I are both 64 turning 65 this year. My SS benefits are more than twice what her's will be. Can we still file and suspend and have her get spousal benefits based on my earning history? I think this is still possible until April 30.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

She IS going to be eligible for a restricted spousal benefit - because the new law grandfather's that. However, that is not until she is at her FRA.

Also, to be eligible for spousal for her, YOU must have filed for your own.

What has changed as of 4/30 is that if you don't file and suspend before end of 4/30, is that any suspension after that date will be a blanket suspension - suspending hers. And, because no one can suspend before they are of FRA, you can not do so before 4/30. So, you will have to file and collect if you want your wife to file for restricted spousal. You are definitely amongst those who were impacted by the law President Obama signed in this past fall, unfortunately. I am sorry for that.

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 gotten anything less, please reply back, I am happy 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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Customer: replied 1 year ago.
Didn't know I would have to collect. (1) what is the impact of collecting before FRA? and (2) my disabled daughter from before age 22 is collecting SS. If I collect will she be able to get her benefit based on my earning history at this time?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

"Didn't know I would have to collect. The key is that you have to FILE for your own. In the past, you could file and if over 66, suspend your own, and that suspension did not suspend more than your own. But after 4/30, all suspensions are BLANKET suspensions.

"(1) what is the impact of collecting before FRA? ------- Reduced amounts. Just more months of them.

"and (2) my disabled daughter from before age 22 is collecting SS. ------- What do you mean, SS. Do you mean SSI, the welfare benefit? That is not Social Security.

"If I collect will she be able to get her benefit based on my earning history at this time? ------ 50% of your Primary Insurance amount, assuming she is single. THis is a "disabled adult child" benefit - a dependent benefit similar to a spousal or child's benefit.