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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 86 and wife 85. I filed at age 70+. Wife filed at 62.

Customer Question

I am 86 and wife 85. I filed at age 70+. Wife filed at 62. She receives 927/mo and I
receive 2270/mo. Do we qualify for any increases? James R ***** ###-##-####
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good afternoon James,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. The changes in the social security laws that are closing a couple of loopholes that could be used to maximize social security benefits only effect married couples who are between the ages of 62 and 70. Give the ages of you and your wife, there will be no effect either way on your present benefits----up or down---for you and your wife. Let me explain. There is a tremendous amount of misleading information as well as outright misinformation floating around the internet and on radio and TV about the recent changes in the law. In reality the changes effect only a very small percentage of Americans and they relate to a spouse benefit. The reality is that there is not really unclaimed benefits (and this is where the big lie really is), but there are 2 loopholes being closed that would allow a very select few people to get more benefits over the remainder of their lives. Unless you are presently married, at least 62 years old and not receiving a social security benefit yet, then the changes will not effect you and will not allow you to get any extra money from social security when you retire. Neither will the changes mean that you will get less of a retirement benefit when you do retire. The monthly benefit amounts have not changed. The loopholes being closed---there are 2 of them--- allow the following: 1. A person over 66 who is not taking their own benefit yet to File and Suspend a retirement claim, and allow their spouse to take an immediate spouse benefit. This loophole ends on May 1, 2016 for everyone, regardless of age. 2. Allow you to take a Restricted Spouse Benefit after age 66 and still allow your own retirement benefit to grow to age 70 by 8% per year----but in order to qualify for this loophole, you MUST be born before February 2, 1954 and not yet be receiving any kind of a social security benefit when you first apply for the spouse benefit. So because you do not fall into one of the 2 categories above, then the change in the laws have no direct impact on you or your wife. 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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
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.As 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,Doug
Customer: replied 1 year ago.
It is simply our ages are over 66. We do not qualify for any more increases or benefits, according to your answer. Thanks. JB
Expert:  LawTalk replied 1 year ago.
Hi JB, When I mentioned 62 to 70 it was because a person who is 66 could file and suspend allowing their 62 year old spouse to take an early spouse benefit. But you are correct, for the greater part, the loopholes being removed mostly benefit people between 66 and 70. Thank you for your kind words. They are appreciated.Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.Thanks in advance.I wish you the best,Doug