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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36412
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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1. Can a person born Aug 27, 1950 collect under spousal benefits,

Customer Question

1. Can a person born Aug 27, 1950 collect under spousal benefits, if he is still working full time?
2. Does it depend on who is the bigger earner?
3. Can he/should he file the application before the April 28th deadline?
Submitted: 11 months ago.
Category: Social Security
Expert:  LawTalk replied 11 months ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. A person born in August 1950 will not be full retirement age until August if this year. So if they apply now for a spouse benefit, they will be deemed to be applying for their own and will get the larger of the two benefits as between their own benefit and a spouse benefit.After age 66, that same person can file a Restricted Spouse benefit and collect a spouse benefit while allowing their own benefit to continue to increase in value to age 70 at 8% per year. A person still working and under 66 can qualify for social security only if they earn less than a certain amount of money. For someone turning 66 in August this year, social security will deduct $1 in benefits for every $3 they earn above $41,880. But Social Security only counts earnings before the month they reach full retirement age (66). If the person wanting to take a spouse benefit has a spouse who has not yet applied for social security and that person is over 66, then that person will need to file and suspend their benefit before May 1, 2016 so as to allow the spouse to make a spouse benefit claim. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug