If a just turned 67-year-old who has not started taking his Social Security benefits files a restricted application to start taking spousal benefits under his 65 year old spouse’s record who has not yet started taking benefits, can the 67 year old spouse get any “make up” spousal benefits since it seems, under the restricted rules, he could have filed a restricted application for spousal benefits when he turned 66 a year ago?

Hi,

No, unless the younger spouse files for and is awarded retroactive Social Security disability (SSDI) benefits. A person born prior to January 2 1954 is allowed to file a restricted application to claim spousal benefits as early as the month they reach full retirement age (FRA), but they can't claim spousal benefits any earlier than the first month that their spouse becomes entitled to either Social Security retirement or disability benefits. Therefore, in order for the 67 year old in your question to be able to claim spousal benefits, his or her spouse would have to be drawing either Social Security retirement or disability benefits.

The spouse of this 67 year old hasn't yet reached FRA, so the earliest they could claim their retirement benefits is the month in which their application is filed. No retroactivity is permitted for Social Security retirement benefits if they are claimed prior to FRA. However, SSDI benefits can be paid up to 12 months retroactively from the disabled person's month of filing. Therefore, the only way that the 67 year old in your question could claim spousal benefits retroactively is if their spouse was awarded retroactive SSDI benefits.

Best, Jerry