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I am Patricia and my...
I am Patricia and my question wasn't answered. I hit the wrong button thinking it was my FICA score, but it was really rating the one who answered my question.
Submitted: 2 years ago.Category: Employment Law
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3/8/2016
Employment Lawyer: KLAW, Lawyer replied 2 years ago
KLAW
KLAW, Lawyer
Category: Employment Law
Satisfied Customers: 2,211
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

The new law H.R. 1314 law was passed, and this law has a significant impact on how Social Security benefits are structured. Since you already receive social security and filed before April 30, 2016 the first section does not apply to you. This provision of the law states that spousal benefits may no longer be collected on an earnings record during the suspension period. This effectively eliminates the “file-and-suspend option” for couples. It also changes benefits for anyone born on or after January 1, 1954, and who files after April 30, 2016, they will automatically receive the higher of their personal or spousal benefit. Filing for spousal benefits only is no longer available. However, the law does have a loophole that allows some Social Security beneficiaries who are approaching retirement age to be grandfathered into the old file and suspend rule before May 1, 2016. If you will be 66 years or older come May 1, 2016, and you have not started, claimed, your Social Security benefits, then the filing part triggers a spouse’s right to begin spousal benefits. The “suspend” part signifies that you will not immediately receive your worker’s benefit and the benefit will be deferred until you choose to claim it. This will allow you to take advantage of the deferral credits, which increase your Social Security retirement benefits by 8 percent per year after full retirement age up until the age of 70. Please note that this must be done before May 1, 2016 because after this date, if you are a married worker you will have to file and begin to receive benefits in order to trigger the spousal benefit.

I hope that answers your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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