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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13543
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My husband turns 66 in July. can we be grandfathered in so

Customer Question

my husband turns 66 in July. can we be grandfathered in so we can take advantage of the apply and hold where he continues to work and holds off on benefits but I can take advantage of his benefit
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Unfortunately, no. The new law states that from about 5/1/2016 onward, any "suspension" of benefits one does, will also suspend the payment of dependent benefits, such as spousal benefits - all suspensions are turning into "blanket" suspensions. And, because one can not suspend benefits unless one is at least at his FRA, your husband can not suspend now, before the 5/1 deadline. When President Obama decided to sign this act into law, he deprived people like you who were counting on this extra $50k or so in spousal benefits. It can be a tough scramble to make up that lost opportunity.

Note that while you can't file for a spousal until your H files, you can file for your own benefit, if you wish.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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