Ask Larry

Can You Confirm That If I File A Restricted Application It Won't Allow My Wife To Take Spousal Benefits?

I was born in 1953 and plan on working until I am 70. My spouse was born in 6/1954 and is not taking on as many clients in her sole proprietorship business where she works out of the house. I was hoping I could file a restricted application now where I would not collect my retirement benefit at this time then my spouse could file for my spousal benefit at this time. Apparently, reaching maximum doesn't work that way. From the software, to reach maximized, it states that I should file for spousal benefits on my wife now and my wife, at FRA, should file for retirement benefits now. Here are my questions:
- When I file now for her spousal benefit, please confirm that I am not filing a 'restricted application'' allowing my wife to take spousal benefits ? It appears she can not apply for my spousal benefits until I fully retire in 2023.
- At this time, should my wife file first for her retirement benefits, then I file for her spousal, or should I file for her spousal benefit first, then she files for her retirement ? Does the sequence of filing matter or can we file concurrently ?
Thank you.

Hi,

If sounds like you're confusing filing a restricted application with filing for and suspending your own benefits. When you file a restricted application, it means that you are restricting the scope of your application to a specific type of benefit, such as spousal or survivor benefits. That can allow a person to potentially collect spousal or survivor benefits while allowing their own benefit rate to keep growing. They can then later file an unrestricted application when they want to start drawing their own benefits.

Filing for and suspending benefits is used when someone wants to become entitled to their own Social Security retirement benefits at full retirement age (FRA) or later, but doesn't want to start drawing their benefits right away. Prior to April 30 2016, many people filed for and suspended their benefits in order to allow their spouse to be paid spousal benefits. Effective with April 30 2016, however, spousal benefits can no longer be paid if the worker on whose record the spouse is eligible has voluntarily suspended their benefits (https://www.ssa.gov/benefits/retirement/planner/claiming.html). That means that your wife couldn't be paid spousal benefits if you file for your own benefits and suspend them. The soonest that she could potentially collect spousal benefits is when you actually start drawing your own benefits.

I don't have access to our software customer's data, but it sounds like what our software is suggesting is for your wife to file for her Social Security retirement benefits, and for you to file a restricted application for spousal benefits only. By restricting your application to spousal benefits, that means you won't be filing for your own benefits and can thus continue to accrue delayed retirement credits (DRC) until you reach age 70. Your wife couldn't claim spousal benefits at least until you subsequently apply for your own benefits. You can file your restricted application for spousal benefits on the same day that your wife files for her own benefits, but not before her application is filed.

Since I don't have access to your customer data, you should submit any questions you have about the software or your results using an online contact form on the help menu. Your questions can then be answered by one of our experts with access to your data.

Best, Jerry

Posted: 
Aug 24 2020 - 10:11am
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