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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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My husband retired at 66 (FRA) and took his Soc Sec benefit,

Customer Question

My husband retired at 66 (FRA) and took his Soc Sec benefit, in 2009, based on his record.
I was 66 (FRA) in 2012, but elected to wait to take benefits on my record.
I did not file for spousal benefits from 2009 to 2012.
At age 69, I retired and claimed benefits on my record.
I have never received the three years of spousal benefits that were due me. Is there still a way to collect them retroactively?
Submitted: 11 months ago.
Category: Social Security
Expert:  emc011075 replied 11 months ago.

Hi. My name is ***** ***** I will be happy to help you.

Waiting until your full retirement age to apply for social security benefits increased your benefits by about 8% every year. If you applied for your benefits in 2009, you would automatically received the highest benefits available to you, your own or spousal, which means you would reduced your own benefits by about 25%. By not taking your benefits in 2009 you made a choice to let your benefits grow. You are not entitled to any spousal benefits.

Customer: replied 11 months ago.
I was my full retirement age in 2012, but did not take my benefits until 2015. I should have received ?spousal benefits for the 3 years from 2012 to 2015, right?
Expert:  emc011075 replied 11 months ago.

Unless you filed restricted application to claim spousal benefits only, you would not get it. You would not be automatically entitled to the benefits because you made a choice not take your own when you reached FRA. If you did not apply for it, you lost your chance.

Customer: replied 11 months ago.
Is there any way to file now and collect retroactively?
Expert:  emc011075 replied 11 months ago.

Not after April 2016.

Expert:  emc011075 replied 11 months ago.

The Restricted Application is no longer available for anyone born after January 1st, 1954. Individuals born after this date will have to claim an individual benefit prior to collecting a spousal benefit, regardless of age. For individuals who turned 62 in 2015, the Restricted Application remains a viable option. Changes to the File and Suspend strategy are effective April 30th, 2016. The option to suspend will still be possible after this date with additional implications:

1) During suspension, any spousal or dependent child benefit will also be turned off. The filer must begin collecting benefits again in order for others to be eligible to collect off of their record. 2) The option to request retroactive payments of those suspended benefits will not be available. 3) The filer won’t be able to claim any other benefit while their benefit is suspended.

Customer: replied 11 months ago.
This new ruling does not apply to me, since I was born in 1946. So can I suspend, and file the restricted application now?
Expert:  emc011075 replied 11 months ago.

Yes, from now until 70. But not retroactively. The restrictions apply to applicants born before 1953. Applicants born in 1954 or later are not eligible at all, without restrictions.

Customer: replied 11 months ago.
I already told you in the first paragraph that I began receiving benefits on my own record at my age 69, and I am now 70. I want to know if I can go back and collect the spousal benefits from 2009 (when my spouse started receiving benefits at his FRA (2009) until I started receiving my full benefits at my age 69. So far, you have not answered my question at all.
Expert:  emc011075 replied 11 months ago.

No, you cannot. I already told you couple of times.

Customer: replied 11 months ago.
I am not please with your expertise. Please refund the $27.00 since I am not pleased with how you answered my question.