Confused with the new law concerning 'file and suspend'.
Have disabled child; disabled before age 16 (from birth).
My DOB: 6/27/1955
Wife's DOB: 6/20/1957

I will be at FRA in Aug 2021.
CAN I --
file for retirement benefits in April 2021, at FRA
file for child in care benefit in April 2021
THEN suspend my retirement benefits August 2021
have my wife file for child in care spouse's benefit in April 2021

Reinstate my benefits in June 2025 when I turn 70

have my wife file for retirement benefits in June 2027 when she turns 70
have my wife file for spousal benefits in June 2027, when she turns 70

Would this maximize our claiming?

Doesn't the new law KILL THE 'FILE AND SUSPEND' possibility, even with a disabled child

Hi,

Neither you or your wife could receive spousal benefits on the basis of having a qualified child in your care unless one of you is drawing on your own record. And, benefits couldn't be paid to any family members on the record of someone who has voluntarily suspended their benefits.

You couldn't file for your own retirement benefits and also get a full child in care spousal benefit. You would only be able to draw essentially the higher of the two benefits. And, if you file for and suspend your own benefit, you can't receive benefits on any other record while your own benefits are in suspense.

However, if either you or your wife files for and starts receiving their retirement benefits, both your disabled child and the other spouse could potentially file for auxiliary benefits. The spouse drawing auxiliary spousal benefits would not be deemed to have filed for their own retirement benefits as long as your disabled child is in that spouse's care, and meets the requirements for child in care entitlement (https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310035 or https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310040).

Your best strategy depends on your and your wife's relative benefit rates, as well as a number of other important factors. You should strongly consider using the maximization software in order to explore your options and determine the best overall filing strategy for your family.

Best, Jerry