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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29918
Experience:  Taxes, Immigration, Labor Relations
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I am 65 and has been on SS disability 10 years. I was

Customer Question

I am 65 and has been on SS disability for over 10 years.
I was married for 11 years and am divorced and not married.
Spousal benefit when I am 66 will be slightly smaller than mu full benefit at 66.
I want to get spousal benefit at 66 and then my increased own benefit at 70.
I know that thanks to deeming rule I cannot do it . How to avoid this?
If I return to work, how long does it take so the deeming rule does not apply to me? I did not use any trial work periods yet.
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.


If you are eligible for both - your own benefits and spousal benefits - you generally will be entitled to receive the larger.

You may choose to receive spousal benefits only - HOWEVER - that will not provide you any advantages because your benefits will not increase - that option was eliminated starting May 1, 2016 and no longer available.

You may avoid that change in SS law...

After you reach your FRA - you may earn any amount - and that will NOT affect your benefits.

There is no trial work period limitations after you reach your FRA.


Customer: replied 1 year ago.
I wish to have new Expert. An Expert with SS disability. Please opt out. Thanks
Expert:  Lev replied 1 year ago.

I will be glad to address your social security disability questions.
If you need any clarification - please clearly indicate.

Customer: replied 1 year ago.
Thank you for the answer. I was aware of the information prior to asking a question. My question was " How to avoid this?"
If returning to work(how long?) before my FRA would help?
Expert:  Lev replied 1 year ago.

You may NOT avoid the new law - as it went into effect starting May 1, 2016.
As you are disabled - you are currently eligible for spousal benefits - if you ex-spouse already started social security benefits.
However - you will NOT be able to receive social security benefits and have your own benefits grow at the same time - that option is eliminated.

It doesn't matter if you will start to work or not.
Currently - that option is ONLY possible for survival benefits.

Expert:  Lev replied 1 year ago.

The change in the law mainly affects married couples who want to use the file-and-suspend strategy and maximize there social security benefits .

Here is the article which explains possible benefits and recent changes in the Social Security regulations

Under the current law when you reach the FRA (full retirement age) - you may file a restricted application.

The restricted application allows you to delay your social security benefits and keep them grow till age 70 and you become eligible to claim a spousal benefit based on YOUR spouse s earnings record.

The law which we are discussing is The Bipartisan Budget Act of 2015 on 11/02/2015 it Became Public Law No: 114-74Here is the document

However that specific provision will be in effect starting May 1st of 2016.


on page 26 in this document..

So you may verify on your own.

Customer: replied 1 year ago.
I am asking about trying to return to work prior to FRA, stopping receiving disability benefits and not being disabled.
Customer: replied 1 year ago.
Please do not make this discussion public.
Expert:  Lev replied 1 year ago.

That is NOT an issue.

You may simply return to work - and inform the SSA that you are not disabled anymore and they will stop your disability benefits right away.