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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37414
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 66 in July, however I plan on working until I am

Customer Question

I will be 66 in July, however I plan on working until I am 67 and 1/2. My wife is 60 and plans on working until she is 66. What is my best plan regarding Social Security?
I have heard of file and supend, is that a good idea and can I still do it. I have heard that the law are changing.
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.

Unfortunately, the laws have already changed, and because you will not be at least age 66 by April 30, 2016, you have lost (like I have) the right to file and suspend your benefit to allow your spouse to take a spouse benefit while your benefit continues to grow at 8% between age 66 and 70.

Likewise, your wife has lost the ability to file and suspend, as well as she lost the right to file for a restricted benefit.

What you have not lost, because you were born before January 2, 1954, is the right to apply for a Restricted spouse benefit. A restricted benefit will allow you to take only a spouse benefit while you allow your own benefit to increase----but for you to take a spouse benefit, your wife would have to already be receiving her retirement benefit. And, your restricted benefit would only be helpful if your wife took her retirement benefit before you turn 70----which according to you is not in the plans.

So, quite frankly, there simply is nothing that either of you can do to increase your retirement benefits aside from postponing your retirement as long as possible and take advantage of the 8% annual increase for delaying after 66, or in your wife's case, delaying past age 66 and 4 months.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug