Hi Larry,
First of all we wish you a Merry X'Mas and Happy, Healthy, Peaceful and SAFE 2021.

Myself (now 73+) : Retired / Already receiving full SS started at 70 years (from Nov 2017)

Spouse (now 65+): Never worked. When we went to SSA (wife was 62+ at that time, we were told my wife is eligible to start the SSA payments. Started receiving reduced amounts from Nov 2017.

We were not aware of the repercussions related to getting 50% of husband's SSA payments when she reaches FRA (i.e.66 years + 2 months).

Went to the SSA and requested them for a review because they have mislead us about the SSA rules towards spousal benefits. We were told they cannot do any adjustments.

Please advise whether we can do an appeal.
Is it really worth trying?

Thank you & Stay Safe.

Sang

Hi Sang,

If I understand you correctly, your wife started receiving reduced spousal benefits at age 62 but she would now prefer to undo that claim and instead file for unreduced spousal benefits when she reaches full retirement age (FRA). First of all, I assume you realize that if your wife does switch to drawing unreduced spousal benefits starting at her FRA, her benefit rate will be equal to 50% of your primary insurance amount (PIA), not 50% of your age 70 rate. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Furthermore, even though your wife started drawing her spousal benefits at age 62, she would still receive an unreduced survivor benefit rate if you die before her and if she is FRA or older at the time of your death. Your wife's survivor rate in that event would be equal to your full age 70 rate.

Regarding your question about filing an appeal, it doesn't sound like there is any action that could be appealed at this point. Your wife could have filed an appeal on the determination of her claim for spousal benefits, but she would need to have filed her appeal within 60 days of that determination.

What your wife could do instead is file a request for withdrawal of her spousal claim (https://www.ssa.gov/benefits/retirement/planner/withdrawal.html). Requests for withdrawal of Social Security retirement benefits must be filed within 12 months of when a person started drawing their benefits, but as far as I know that policy doesn't extend to spousal benefits. If your wife does decide to request a withdrawal she'll need to complete and submit a form SSA-521 (https://www.ssa.gov/forms/ssa-521.pdf). She would also be required to refund all of the spousal benefits that she's been paid. If her request for withdrawal is approved, your wife would then need to reapply for benefits when she wants to start drawing her spousal benefits.

Best, Jerry