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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2981
Experience:  associate attorney
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Been surfing around today regarding the SS bans coming up in

Customer Question

Hi ***** *****, My name is***** surfing around today regarding the SS bans coming up in May. I almost bought books but didn't want to spend the money as some of what I was reading seemed like pie in the sky. Such as restricted application that can boost income by $63,648, etc., etc. I happened to come upon this page and someone had already had same concerns as I and I am now ready what you wrote. So, it appears this is all hype, there is no pie in the sky BIG EXTRA MONEY. So this is true, no magic big money to add to your SS? I haven't formulated my question/s. Perhaps after reading your reply to the above person I can simplify.
JA: Thanks. Can you give me any more details about your issue?
Customer: My husband and I are divorced but still together. We were married for over 20 years. Now, he took SS early as he was not working. His benefit is about $800 a month. He works full time now as age 66 and still collects SS. I will be 65 tomorrow, work full time and plan on collecting my SS NEXT year at 66. I will also continue to work full time. 1. Right now, can I collect some of his SS? Can he do the same off of me?
JA: OK got it. Last thing — Social Security Experts generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: 2. If so, would this affect my SS at age 66b when I collect. At this point, I would be receiving about $1,258. I don['t want to lose that amount.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

The changes in the bipartisan act are being hyped in the media but it is only a small loophole that is being closed. It is not a magical lump sum that has to be elected and deals with "file and suspend" spousal benefits and the "restricted benefit". Let me explain, a spouse can only take the spousal benefit if the other spouse has elected to take their benefit. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, social security means a child who is under age 16 or who receives Social Security disability benefits. Currently the law is changing and a "suspend and file" cannot be elected starting on may 1, 2016. In this circumstance at full retirement age (66) one could file and suspend their benefits and continue earning credits until age 70 and their spouse could elect to take the spousal benefit. The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced. Also the "restricted benefit" is being eliminated. If you turned age 62 be the end of December 31, 2015, you would be grandfathered in and at full retirement age you will still be able to restrict your benefit. This means that if you or your spouse would like to elect to take only the spousal benefit as opposed to your normal retirement benefit, you can restrict your election to ONLY the spousal benefit. This would allow you to collect the 50% spousal benefit while still gaining credits to your normal retirement benefit from ages 66-70 (the credit increases your benefit approximately 8% per year). After the law changes, at full retirement age, you would have to take the higher of the spousal benefit and your retirement benefit. You can no longer choose just the spousal and let your normal retirement benefit grow while still take the spousal benefit. You could be eligible for your ex husbands benefit as long as you were married for 10 years or more and are currently not married (although you can get married after age 60). You would not be eligible for the file and suspend but could restrict your benefit at age 66 as you are grandfathered in.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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

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