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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
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 am 66 and have filed and suspended my social security

Customer Question

I am 66 and have filed and suspended my social security benefit. My wife will be 65 on May 3, 2016. Her earnings record is substantially lower than mine (mine is maxed). If my spouse does not elect a spousal benefit before April 30, 2016 (even though she is one year from full retirement age), will she be disadvantaged when she reaches full retirement age because of HR 1314. Will she not get full spousal benefit at her full retirement age because of HR1314?
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.

You have done the right thing by filing and suspending now. You wife will not be harmed by the new laws. She is still eligible to file a restricted spouse benefit application at age 66 and allow her own benefit to continue to increase in value at 8% per year for 4 years between 66 and 70 if she wishes.

When she elects the restricted spouse benefit at 66 she will get the full 50% of your full retirement age benefit as her spouse benefit. Not a problem.

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.

I hope that I have been able to fully answer your question. 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 in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,