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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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My husband is 70 and at full retirement filed and suspended

Customer Question

My husband is 70 and at full retirement filed and suspended benefits. I have now turned 66 and based upon my understanding of the 2016 law I can still file for spousal benefits and continue to allow my personal benefit grow until I reach 70 filing for it at that time. Based upon our ages and actions prior to enactment of the 2016 law we are grandfathered in. Is this correct? Should I go to an office to file or is there a way I can do it on line and insure that I am not deeming and taking the larger of the two benefits, half of his at full retirement or mine at 66?
Submitted: 2 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 2 months ago.

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Expert:  Christopher B, Esq. replied 2 months ago.

You are correct in your understanding of the law and you can still file for the "restricted benefit" as it has a grandfathering provision that applies to anyone who reached age 62 by Jan. 1, 2016. So you can file for the spousal benefit (50% of your spouse's benefit) and let your own SS retirement benefit grow 8% per year until age 70. So if you have just turned age 66 then yes you are grandfathered in. You can fill out an application online and in the comments section say that you would like to restrict your benefit and take ONLY the spousal benefit. There is no specific application to file for the restricted application as it is just the normal retirement application you fill out. If you are more comfortable, you can go into your local SS office and make an appointment and fill out the application there to confirm this (although the SS agents do not only always know what is going on with the restricted application).

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Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq. replied 1 month ago.

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Thank you in advance.

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