New Social Security Regulations Clamping Down on File and Suspend

Under new regulations by the Social Security Administration, a married couple can no longer do the “file and suspend” procedure to benefit the non-working spouse.

The way this previously worked was a working spouse could file for collection of his or her Social Security. The non-working spouse would then elect to collect a spousal benefit from the working spouse’s benefit. The working spouse would then suspend his or her own benefits, continue working (and thus increasing their future payments), but the non-working spouse would still be able to collect the spousal benefit.

This is still available if you are over 62 at the end of 2015. Under the new law, workers under 62 may only apply for benefits on their own record, or if the working spouse is also receiving benefits.This is a part of the budget cuts that resulted from the last threatened shutdown. While I haven’t seen the numbers, I expect there will be significant savings for the Social Security “trust fund”.
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If you are concerned about planning for retirement, then you should consult with a financial advisor or a great estate planning lawyer or elderlaw attorney. I would like to keep my name out there for to review your last will and testament or other estate plan as well.

 

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