The Bipartisan Budget Act of 2015 brought about changes in Social Security’s laws regarding filing for retirement and spousal benefits. One of these changes is the introduction of “deemed filing,” which means that when you file for either your retirement or your spouse’s benefit, you are required to file for the other benefit as well. This applies to individuals turning 62 on or after January 2, 2016.
However, there are exceptions to this rule. One exception applies to widows and widowers, who can start their survivor benefit independently of their retirement benefit. This means that a widow or widower can choose to receive only their survivor benefit and delay filing for their own retirement benefit, allowing it to grow until they reach age 70. At age 70, they can then start receiving their own increased retirement benefit, which they will receive for the rest of their life.
Steps to Change from a Survivor Benefit to Your Own Retirement Benefit
If you are a widow or widower and want to switch from receiving a survivor benefit to your own retirement benefit, you can follow these steps:
- Contact the Social Security Administration (SSA): You can contact the SSA by calling their toll-free number at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.
- Inform the SSA of your intention to switch benefits: Tell the SSA representative that you are a widow or widower and that you want to switch from receiving a survivor benefit to your own retirement benefit.
- Provide necessary documentation: The SSA may require you to provide documentation, such as your birth certificate, proof of U.S. citizenship or lawful alien status, and your marriage certificate.
- Complete the application process: The SSA will provide you with an application form to complete. This form will ask you questions about your work history, earnings, and other relevant information.
- Wait for a decision: Once you have submitted your application, the SSA will review it and make a decision. You will be notified of their decision in writing.
Important Considerations
Here are some important things to keep in mind when switching from a survivor benefit to your own retirement benefit:
- Your benefit amount may change: The amount of your retirement benefit will likely be different from the amount of your survivor benefit. Your retirement benefit will be based on your own work history and earnings, while your survivor benefit was based on your deceased spouse’s work history and earnings.
- You may need to repay some benefits: If you have already received survivor benefits for a period of time, you may need to repay some of those benefits when you switch to your own retirement benefit. This is because the SSA will calculate the amount of survivor benefits you were eligible for and compare it to the amount you actually received.
- You may lose access to Medicare: If you are currently receiving Medicare based on your deceased spouse’s work history, you may lose access to Medicare when you switch to your own retirement benefit. This is because Medicare eligibility for widows and widowers is based on the deceased spouse’s work history, not their own.
If you are a widow or widower and are considering switching from a survivor benefit to your own retirement benefit, it is important to carefully consider the potential consequences. You should contact the SSA to discuss your options and make sure that you understand the implications of switching benefits.
Documents you may need to provide
We might need you to submit proof of eligibility in the form of the following documents:
- Birth certificate or other proof of birth;
- Proof of U. S. citizenship, or in the case that you were not born in the US, lawful alien status;
- U. S. military discharge paper(s) if you had military service before 1968;.
- W-2 forms(s) and/or self-employment tax returns for last year.
- Final divorce decree, if applying as a divorced spouse; and
- Marriage certificate.
Important
W-2 forms, self-employment tax returns, and medical records are acceptable in photocopy form; however, the majority of other documents, including your birth certificate, require the original. (We will return them to you. ).
Don’t wait to apply for benefits because you lack the necessary paperwork. We will help you get them.
Form SSA-2 | Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits
You can apply:
- If you are sixty-two or older within three months, or
- By visiting your local Social Security office or by contacting our nationwide toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) While making an appointment in advance is not necessary, doing so could shorten the time you have to wait to apply.
You can help by being ready to:
- Provide any needed documents; and
- Answer the questions listed below.
Social Security Spousal Benefits – MADE EASY to Understand
FAQ
How do I add spousal benefits to Social Security?
Can I collect survivor benefits then switch to my benefits?
Does spousal Social Security benefits reduce my benefits?
Why isn’t my wife’s spousal benefit 50% of my Social Security retirement benefit?
Can I switch from social security to spousal benefits?
Whether you can make this switch is determined by whether your spouse is already receiving benefits. If your spouse is not receiving any retirement benefits yet, then you could technically take your regular Social Security benefit as early as age 62. When your spouse files for their benefit later you could switch to spousal benefits.
How much spousal benefit can a spouse receive?
If your spouse’s full retirement age benefit amounts to $2,000 per month, your spousal benefit at your full retirement age could amount to $1,000 per month. It’s important to note that this benefit cannot be more than 50% of the higher-earning spouse’s full retirement benefit… but it can be less!
When do spousal benefits increase?
Your benefits increase for each month you delay receiving retirement benefits between full retirement age and age 70. Previously some spouses received spousal benefits at full retirement age, while letting the retirement benefits based on their earnings record grow by delaying to file for benefits. What did the law change?
Does social security reduce spousal benefits?
The Social Security Administration reduces your spousal benefit if you apply before you reach your full retirement age (again, either 66 or 67, depending on your year of birth). If the spouse decides to start taking spousal benefits at age 62, for example, the spousal benefit could be as little as 32.5% of the retired worker’s benefit.