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how to file a restricted application for spousal benefits

by Dr. Demetris Waters Published 3 years ago Updated 2 years ago
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Filing for the restricted application can be done online at SSA.gov/mySocialSecurity. The qualifying spouse who has reached FRA simply fills out the online application and answers “yes” to the question if they are limiting (or restricting) their application.

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

Full Answer

What are the benefits of SSA?

Social Security's Disability Insurance Benefits are federally funded and administered by the U.S. Social Security Administration (SSA). Social Security pays disability benefits to you and certain members of your family if you have worked long enough... Social Security and Retirement.

What is social security restricted application strategy?

  • Your spouse, who may not have reached their full retirement age, may be subject to the annual earnings limitation, which is $17,640 for 2019
  • If your spouse has suspended their own worker benefit, no spousal benefit is available
  • You may be affected by the Government Pension Offset

What is a SSA check?

Social Security has long been a cornerstone of American democracy. However, it has also undergone some dramatic changes in the over 80 years since its passage. While the core program remains ...

Can spouse benefit from your SSDI benefits?

You can collect Social Security disability benefits as a spouse, based on your own earnings, or you can apply under your spouse’s Social Security benefits. If you choose the latter, you will receive 50 percent of the amount that is allocated to your spouse, based on calculations pertaining to their retirement age.

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What is filing a restricted application for spousal benefits?

A restricted application tells the Social Security office that you are not applying for all benefits that you are eligible for at the same time. You might be eligible to use a restricted application to claim a spousal benefit while letting your benefit continue to grow.

Can I file for my Social Security at 62 and switch to ex spousal benefits later?

Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files.

When can a spouse claim spousal benefits?

You must have been married at least 10 years. You must have been divorced from the spouse for at least two consecutive years. You are unmarried. Your ex-spouse must be entitled to Social Security retirement or disability benefits.

Can I collect spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

Can I collect my ex husband's Social Security then switch to mine?

Can I collect Social Security as a divorced spouse and wait to claim my own retirement benefit? In most circumstances, no. You can only file what Social Security calls a “restricted application” to claim ex-spousal benefits alone and postpone claiming your retirement benefits if: You were born before Jan.

Can I collect Social Security from my ex husband if I remarried and divorced?

Can I collect Social Security as a divorced spouse if my ex-spouse remarries? Yes. When it comes to ex-spouse benefits, Social Security doesn't care about the marital status of your former spouse; it only cares about your marital status.

How do I know if I am eligible for spousal benefits?

You qualify for spousal benefits if: Your spouse is already collecting retirement benefits. You have been married for at least a year. You are at least 62 years old (unless you are caring for a child who is under 16 or disabled, in which case the age rule does not apply).

Who is eligible for spousal benefits?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

Can my wife claim spousal benefits before I retire?

No. You have to be receiving your Social Security retirement or disability benefit for your husband or wife to collect spousal benefits.

Can I collect my husband's Social Security if he is still alive?

The earliest a widow or widower can start receiving Social Security survivors benefits based on age will remain at age 60. Widows or widowers benefits based on age can start any time between age 60 and full retirement age as a survivor.

Does a wife get 50 of husband's Social Security?

You can receive up to 50% of your spouse's Social Security benefit. You can apply for benefits if you have been married for at least one year. If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years.

Can I collect half of my ex husband's Social Security at 62?

The maximum spousal benefit is 50% of the other spouse's full benefit. You may be eligible if you're married, formerly married, divorced, or widowed. You can collect spousal benefits as early as age 62, but in most cases, the benefits are reduced permanently if you start collecting early.

Does my ex-spouse have to be 62 before I can collect his Social Security?

Your ex-spouse does not have to file for their own Social Security benefits for you to be eligible to receive a benefit based on their record, but they have to be eligible for those benefits. They must be at least age 62, the earliest age you become eligible for your social security retirement benefits.

When can I start drawing on my ex husbands Social Security?

To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.

Can I claim spousal benefits at 62?

A spouse can choose to retire as early as age 62, but doing so may result in a benefit as little as 32.5 percent of the worker's primary insurance amount. A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months.

Do I qualify?

Not everyone can do this. The Bipartisan Budget Act of 2015 changed the rules to disallow restricted applications for spousal benefits if you had not attained age 62 by the end of 2015.

How to file

When all of the above conditions have been met and you are ready to file a restricted application for spousal benefits, you should go online to do it. Workers in local offices can be confused about the rules. The online application process is very easy. There’s even a short video that explains how to do it.

Is this the best strategy?

Note that both spouses cannot file a restricted application on the other at the same time. The reason is that one of the spouses must file a regular application for his or her own retirement benefit, and this precludes filing a restricted application.

What is restricted application for spouse?

One provision of Social Security benefits that is relatively unknown is the restricted application for Spousal Benefits. This provision allows a person to apply for benefits based upon his or her spouse’s record while delaying receipt of benefits based upon his or her own record. The restricted application is only available when three factors have ...

How long do you have to be divorced to file for spousal benefits?

In addition, if the former spouse has not filed for his or her own benefit, the couple must have been divorced for at least two years when he or she files for Spousal Benefits. If there was more than one ex-spouse who fits all of the requirements, the individual can choose the Spousal Benefit that is the largest.

What is restricted application?

What Is A Restricted Application? If you were born in 1953 or earlier, then you can file a “restricted application.”. This enables you to file for spousal benefits now and retirement benefits later.

When can I file for Social Security if I was born in 1954?

First, if one or both spouses were born in 1953 or earlier, then they may use this filing strategy. This also includes those born on January 1, 1954 because Social Security consider a person born on the first day of the month to be born in the previous month.

Documents you may need to provide

We may ask you to provide documents to show that you are eligible, such as:

What we will ask you

You should also have your checkbook or other papers that show your account number at a bank, credit union or other financial institution so you can sign up for Direct Deposit, and avoid worries about lost or stolen checks and mail delays.

What is the limit on spousal benefits?

You also need to keep in mind that if you use the restricted application, your spousal benefit may be reduced for the following reasons: Your spouse, who may not have reached their full retirement age, may be subject to the annual earnings limitation, which is $17,640 for 2019.

What is the purpose of restricted application?

The purpose of using the restricted application is to allow the qualifying spouse to collect spousal benefits only, while deferring their own worker benefit to age 70 if they wish, and earn delayed retirement credits, up to an additional 32%.

What is considered filing for Social Security?

Deemed filing is the Social Security rule that says any time you apply for your Social Security benefits, you will be applying for any and all benefits available to you. Since you are always paid your own worker benefit first if you have one , if spousal benefits are available to you , you also will be paid spousal benefits.

When can I start collecting my own worker benefits?

Many times, people think that when they use the restricted application they will wait until 70 to start collecting their own worker benefit, only to find out that by preparing an in-depth analysis they should start their own worker benefits at 69 years and 3 months, or some other age than 70.

Can I use restricted application if I was born before 1/2/1954?

Born before 1/2/1954 – if you are born after 1/2/1954 – you cannot utilize the restricted application. Must be eligible for your own retirement benefit. Your spouse needs to be receiving their own worker benefit. You also need to keep in mind that if you use the restricted application, your spousal benefit may be reduced for the following reasons: ...

Is restricted application good for Social Security?

Although the restricted application is a very valuable tool to use in your Social Security claiming strategy, it needs to be implemented strategically to optimize the results. Always remember, if you take the wrong benefit at the wrong time, it’s always smaller and it’s forever. Dying is cheap – living is expensive!

Can a high earner spouse use restricted insurance?

If the qualifying spouse is the high earner and their Primary Insurance Amount is greater than their non-qualifying spouses Primary Insurance Amount, in almost every situation, it is beneficial for the qualifying high earner spouse to use the restricted application. If the qualifying spouse is the low earner and their Primary Insurance Amount is ...

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