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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 a 66 year male who has filed security and then

Customer Question

I am a 66 year male who has filed for social security and then suspended it. My wife is 65 and will be 66 in Janurary of 2017..With the new budget going into effect on 4\29\16 the file and suspend will no longer be. I was told that since my spouse is over 62 and born before 1953 that she could start the process with file and suspend and a restricted application before the deadline runs out. There is a lot of confusion at social security over this situation ..I dont want to miss out over this confusion.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Bob,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

You are correct---there is a whole lot of confusion as well as misinformation.

Your wife will never be able to file and suspend. This is because she will not be 66 before April 30, 2016. However, she will be able to file for a restricted spouse benefit as soon as she turns 66. The ability to file restricted was only taken from people born after January 2, 1954.

When your wife turns 66 she can file for a restricted spouse benefit based on the fact that you have already filed and suspended (which MUST be done before April 30, 2016---and which you say you have already done) and she will get the full spouse benefit while both of your retirement benefits continue to grow from age 66 to age 70, at 8% per year.

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 asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,