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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37671
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 TURNED 66 ON MAY 6,2015 AND MY WIFE TURNED 66 ON SEPTEMBER

Customer Question

I TURNED 66 ON MAY 6,2015 AND MY WIFE TURNED 66 ON SEPTEMBER 28,2015.I STARTED GETTING SOCIAL SECURITY BASED ON MY RECORD IN JUNE 2015.I ASKED TO SWITCH TO GETTING 1/2 OF MY WIFES SOCIAL SECURITY EFFECTIVE SEPT 2015 BECAUSE 50% OF HER BENEFIT IS MORE THAN 100% OF MY BENEFIT.tHEY CLAIM I CAN ONLY DO THAT IF I RETURN TO THEM BENEFITS I WAS PAID FOR THE MONTHS BETWEEN MAY AND SEPTEMBER.ARE THEY CORRECT ???
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year 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.

Are they correct? No, so long as you were at least full retirement age when you first took social security retirement, you are free to switch to a spouse benefit and you do not have to pay back the benefits you claimed under your own earnings.

ONLY if you wanted to switch to a spouse benefit and have your own benefit continue to grow by 8% per year until you reached age 70 would you be obligated to pay back all the money from May through September. If all you want to do is switch to a spouse benefit now, you can do that with no penalty.

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.

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 this holiday season,

Doug