In (Divorced Spousal Benefits) How Do I Restrict My Application To Divorced Spousal Benefits Only? Mar 23 2017 - 7:30am, Jerry discusses the "restrict retirement benefits on your own record from the scope of your application for divorced spousal benefits" approach.

Yet in many of the other questions concerning divorced spousal benefits, Jerry states "whenever you file for either divorced spousal benefits or retirement benefits on your own record, you'll be deemed to be filing for both benefits thanks to the new law passed by Congress last year" without discussing the restricted filing approach mentioned above.

Thus I am confused as to whether the restricted filing approach is still an option in this case as follows:

Linda (born April 1951, divorced, married over 20 years, has remained unmarried) - began received SSDI in 2009. The SSDI ($1448 in 2017) is expected to convert to a "regular" social security benefit this year 2017 when Linda reaches age 66.

Question: Can Linda apply for divorced spousal benefits using the restricted approach (which I believe would allow her own benefit $1448 to grow 32% until age 70 if allowed) - or is the restricted approach ONLY available if a person has never received any kind of SS benefit (regular SS at age 62, or SS disability) prior to this type of application?

The ex-spouse was a maximum wage earner who is currently 67 and is not receiving SS benefits (is letting their benefit maximize to age 70).

I believe the current $1448 amount would exceed 50% of the ex-spouse FRA amount.

Thank you for taking the time to clarify whether the restricted filing approach is available in his case. David

Hi David,

We get so many questions, I unfortunately don't have time to fully explain the law within every answer. So, each of my answers must be read in context with the circumstances of the person asking the question.

To answer your question, no Linda could not file a restricted application for divorced spousal benefits only at full retirement age without withdrawing her disability application and repaying all of the disability benefits that she has received. This is due to a change in the rules that Social Security made at the end of 2014 (http://www.pbs.org/newshour/making-sense/social-securitys-christmas-pres...).

If Linda had not filed for either retirement or disability benefits on her own record, she could have filed a restricted application for divorced spousal benefits only at full retirement age since she was born prior to January 2 1954 (https://www.ssa.gov/planners/retire/deemedfaq.html).

Best, Jerry