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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34897
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I will be 68 in June and my wife turned 65 in February. I intend

Customer Question

i will be 68 in June and my wife turned 65 in February. I intend to wait for my benefits until age 70. My wife will make more with a spousal benefit than by her own benefits.
Until the new law which becomes effective on April 30 was enacted, I planned to file and suspend when she turned 66 next February, immediately suspend my benefits and she would collect her spousal benefits at age 66 - which I understand is when she would earn the maximum amount.
With the new law, do I have to do anything by April 30 to utilize this strategy? And if I do, can my wife also suspend her benefits until next February when she turns 66 or must she collect now - and if she collects now, does that forever lessen the amount she can obtain as a surviving spouse?
Submitted: 6 months ago.
Category: Social Security
Expert:  LawTalk replied 6 months ago.
Good evening Richie,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. You still have time to make this work. You must file and suspend before May 1, 2016---preferably in the next couple of days----and then when your spouse turns 66, she can file a restricted application for a spouse benefit and collect a spouse benefit while allowing her own benefit to continue to grow, if it will help. But filing and suspending immediately will allow her to take her full spouse benefit at age 66 while your own retirement benefit continues to grow at 8% per year until you reach 70. In other words, filing and suspending now allows her to file for a spouse benefit at 66, or at any time from the date that you file and suspend. Your wife cannot suspend now, nor file and suspend now---but there is no need for her to do so. Only one of you can claim a spouse benefit at a time. With you filing as suspending now, you will maximize your collective benefits. 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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 6 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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