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how to file for restricted spousal benefits

by Cathryn Stanton DDS Published 3 years ago Updated 2 years ago
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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

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.

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

When should I apply for SSDI or SSI benefits?

The SSI program provides monthly payments to people who:

  • Are at least age 65 or blind or disabled.
  • Have limited income (wages, pensions, etc.).
  • Have limited resources (the things you own).
  • Are U.S. citizens, nationals of the U.S., or some noncitizens.
  • Reside in one of the 50 states, the District of Columbia, or the Northern Mariana Islands. ...

Is there age limit for SSDI and SSI benefits?

There’s another benefit called Supplemental Security Income that people can qualify for once they’re at least 65 years old. People traditionally refer to SSI as “welfare,” and it pays no more than $794/month. Once you hit the magic age of 65, you can apply for SSI payments if: Your current income is less than $1,310.

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.

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.

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When can a spouse claim spousal Social Security benefits?

age 62You can claim spousal benefits as early as age 62, but you won't receive as much as if you wait until your own full retirement age. For example, if your full retirement age is 67 and you choose to claim spousal benefits at 62, you'd receive a benefit that's equal to 32.5% of your spouse's full benefit amount.

Can I collect spousal benefits and wait until I am 67 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.

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).

What are the rules for spousal benefits of Social Security?

To qualify for spouse's benefits, you must be one of these: At least 62 years of age. Any age and caring for a child entitled to receive benefits on your spouse's record and who is younger than age 16 or disabled.

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.

How much is Social Security spousal benefit?

According to the Social Security Administration, the spousal benefit is up to 50% of a worker's benefit at full retirement age, which is age 66 or 67. Claiming benefits before full retirement age reduces your benefit amount.

Can I take my Social Security and then switch to spousal benefit?

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. Social Security will not pay the sum of your retirement and spousal benefits; you'll get a payment equal to the higher of the two benefits.

How long do you have to be married to collect spousal benefits?

one continuous yearQualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse's PIA if spouse is still living.

Can you collect 1/2 of spouse's Social Security and then your full amount?

If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

How old do you have to be to get spousal benefits?

Spousal Benefit Eligibility. You are eligible for spousal benefits if your spouse has filed for Social Security benefits and you are at least age 62 or caring for a child who's entitled to receive benefits on your spouse’s record and who is younger than age 16 or is disabled. 3 . Unless you are entitled to benefits based on a qualifying child, ...

What is the full retirement age for a person born in 1960?

For people born in 1960 or later, for example, full retirement age is 67. 4 . If you start collecting spousal benefits at age 62, you'll receive an amount that's between 32.5% and 37% of your spouse's full benefit.

Does the Bipartisan Budget Act change spousal benefits?

The new law didn't, however, do away with spousal benefits entirely.

Can I claim my own spousal benefits at age 70?

By waiting to claim their own benefit (up to age 70), they will earn delayed retirement credits, which result in a bigger monthly benefit when they finally do file for it . 2 . For anyone born on Jan. 2, 1954 or later, however, the ability to claim a spousal benefit using a restricted application has been eliminated.

Can a divorced spouse file for Social Security?

As with spousal benefits for current spouses, divorced spouses filing for spous al benefits may be subject to the Social Security earnings test if they haven't reached full retirement age and are working. 5 .

Can I claim my spouse's Social Security benefits if I never contributed to Social Security?

The new law didn't, however, do away with spousal benefits entirely. If you qualify, it is still possible to claim benefits based on your spouse's earnings history, even if you never contributed to Social Security yourself. 1 .

Can a spouse file for spousal benefits?

Spouses can still file for a spousal benefit, but when they do, they will be considered to have filed for all benefits available to them, including their own benefit . They will then receive whichever benefit is higher, but not be able to switch from a spousal benefit to their own benefit later on. 2 .

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.

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.

When do you have to file deemed filing?

In addition, deemed filing may occur in any month after becoming entitled to retirement benefits. Deemed filing means that when you file for either your retirement or your spouse’s benefit, you are required or “deemed” to file for the other benefit as well. The Bipartisan Budget Act extends deemed filing rules to apply at full retirement age ...

How old is Maria's husband?

Her husband, Joe, is 65. They have each worked enough years to earn a retirement benefit. In March of 2020, Maria has reached her full retirement age and files for benefits. Maria is eligible for a spousal benefit on Joe’s record. Maria must file for both benefits.

What is voluntary suspension?

The worker’s voluntary suspension permitted a spousal benefit to be paid to their spouse while the worker was not collecting retirement benefits. The worker would then restart their retirement benefits later, for example at age 70, with an increase for every month retirement benefits were suspended.

Can a spouse receive spousal benefits at full retirement age?

Previously some spouses received spousal benefits at full retirement age, while letting the retirement benefits based on their earnings record grow by delaying to file for benefits.

Does Jennie receive her own retirement?

She does not start her own retirement benefit, allowing it to grow. At age 70, she starts her own increased retirement benefit, which she will receive for the rest of her life. The new law does not affect her because deemed filing does not apply to widows and widowers. Jennie will receive the higher of the two benefits.

Does deemed filing apply to survivors?

Deemed filing applies to retirement benefits, not survivor’s benefits. If you are a widow or widower, you may start your survivor benefit independently of your retirement benefit. De emed filing also does not apply if you receive spouse's benefits and are entitled to disability, or if you are receiving spousal benefits because you are caring for ...

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.

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