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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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I currently collect social security on my deceased first husbands

Customer Question

I currently collect social security on my deceased first husbands social security. He passed away in 1985 at the age of 33. I am 62 right now and 63 on 5/17/16. My second husband passed away on 8/4/2010 at the age of 62 and when I went to collect social security they informed to collect from my first husband and then at my age of 66 to come back in and change to my second husbands social security and I would get a greater amount. My own personal social security is very low and I don't want to collect that. With this new change in laws what am I going to see change? Do I have to go and get my 2nd husbands social security now so that I can have that small greater amount now and not loose it in the future.
Thank you,
Elizabeth M Card
Submitted: 8 months ago.
Category: Social Security
Expert:  Phillips Esq. replied 8 months ago.
I currently collect social security on my deceased first husbands social security. He passed away in 1985 at the age of 33. I am 62 right now and 63 on 5/17/16. My second husband passed away on 8/4/2010 at the age of 62 and when I went to collect social security they informed to collect from my first husband and then at my age of 66 to come back in and change to my second husbands social security and I would get a greater amount. My own personal social security is very low and I don't want to collect that. With this new change in laws what am I going to see change? Response 1: Nothing. Do I have to go and get my 2nd husbands social security now so that I can have that small greater amount now and not loose it in the future. Response 2: No, you do not have to. The new law will not take away your benefits or any benefits that you are entitled to. The new law on the other hand will not give you additional benefits. 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. So, the new law does not affect you and there is nothing for you to do. For more information, click on the links below: https://www.ssa.gov/planners/retire/suspend.html https://www.ssa.gov/planners/retire/applying6.html Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.