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LawTalk
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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My name is franklin I am 74 I started drawing s/s when I

Customer Question

hi my name is ***** ***** I am 74 I started drawing s/s when I turned 62 because of health reasons my wife started drawing spousal support when she turned 62. She is now 71 and still working she wants to know if she can suspend her spousal support and file for her own s/s
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good evening John,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Please don't shoot the messenger. I don't make the law---I only answer your questions about the law. Please don't punish me by refusing to rate me positively, simply because I can't give you the answer you want.

I'm sorry, but your wife does not need to suspend her spouse benefit. All she needs to do is ask social security to switch her benefit from a spouse benefit to her own benefit.

However, your wife is not going to collect any more money now, than she could have at 62, when she applied for the spouse benefit. That is because at age 62, social security deemed her to be applying for not only a spouse benefit---but also she was applying for her own retirement benefit as well----and she got a combination of the two that maximized her benefit at that time. In order for her own retirement benefit to continue to grow after taking a spouse benefit, she would have had to have been at least 66 when she first applied for a spouse benefit.

The only way that her benefit will increase at this point in time, or in the future, is when you die. She will then be eligible for a survivor benefit equal to the amount that you happen to be collecting at the time of your death.

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,

Doug