Spousal benefit “at the same time”

[GailL1]

---

@mikaelhansen wrote:

You're saying that the Deemed Filing rule applies to me even though I'm already at FRA?

---

One more time . . . . .

Beginning on January 2, 2020, when ANYBODY * files for their Retirement benefits, Social Security will calculate any and all RETIREMENT benefits for which they qualify, be that their OWN benefits and/or their Spousal benefit, and will give them the larger amount.

What are you trying to do? 

The only difference this creates is to close the loophole of a spouse filing for ONLY spousal benefits while delaying their own earned benefit so their own earned benefit can grow until 70 and then switch to their own earned + delayed earning credit.  That (red part) is gone as of 01/02/2020.

Again . . . when you file for Retirement benefits, Social Security will calculate any and all RETIREMENT benefits for which you qualify - your OWN earned benefits or your Spousal benefit, and will give you the larger amount.

from the same link I gave earlier - Deemed Filing FAQ - these are the ONLY exceptions.

https://www.ssa.gov/planners/retire/deemedfaq.html 

* the rules for deemed filing apply only to retirement benefits based on your own work record and to the spousal benefits (including divorced spouse’s) you receive based on retirement. There are two exceptions in which deemed filing does not apply to these benefits.

1.  If you receive a spousal benefit because you are caring for a child who is under age 16 or disabled

OR

2.  if you receive spouse's benefits and are also entitled to disability,

These are the only situations where deemed filing does not apply and you are therefore not required or “deemed” to file for your retirement benefit.

[mikaelhansen]

You're saying that the Deemed Filing rule applies to me even though I'm already at FRA?

[GailL1]

---

@mikaelhansen wrote:

I don't think that "Come January 1, 2020 - the above choice goes away and then everybody filing for retirement or spousal benefits will be under the same rule of "Deemed Filing"" is true because as long you're born before January 2, 1954, after new year you can still file for spousal benefits (if your spouse has filed for individual benefits of course). I take it that in referring to "everybody", you mean "everybody" born on January 2, 1954 or later, the ones reaching FRA on "January 1, 2020".

But I am still wondering about what SSA means by "you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse" because what is really “at the same time”?

---

You aren't Understanding the "Deemed Filing" rule -

Deemed filing means that when you file for either your retirement or your spouse’s benefit, you are required or “deemed” to file for the other benefit as well. Deemed filing rules already apply when you file for either your retirement or your spouse’s benefit and you are before full retirement age (FRA). The Bipartisan Budget Act of 2015 extends deemed filing rules to apply at FRA and beyond.

Here's the Social Security Rule:

Social Security.gov - Benefits Planner: Retirement - Deemed Filing For Retirement And Spouse’s Benef... 

The new rules for deemed filing are effective immediately for individuals who turn 62 on or after January 2, 2016. An individual born on January 2, 1954 will reach his or her full retirement age (66) in 2020. Therefore, January 2020 is the first month deemed filing will apply to someone who reaches FRA. Until that time, deemed filing will only apply to those below FRA.

All this means is come January 2, 2020, when a person files for retirement benefits, BOTH retirement benefit classifications -  (1) their own earned benefit OR (2) a spousal benefit -  will be calculated for the person when they apply and they will get the larger of the retirement benefit.

Come January 2, 2020, there is NO MORE, filing for one or the other - (1) their own earned benefit OR (2) a spousal benefit.

The Bipartisan Budget Act of 2015 (Public Law 114-74; November 2, 2015) - closed the Loophole where a spouse could file for spousal benefits when eligible and let their own benefits grow until 70 years old and then switch to their own benefit.

Social Security.gov - Benefits Planner: Retirement - What the changes mean for me? 

This is the exact quote from the page you linked:

If your spouse is already receiving benefits when you apply, or if you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse. If you qualify, your application will automatically serve as a request for spousal benefits.

All it means is that when a spouse files for Retirement benefits - both benefits classifications - (1) their own earned benefit OR (2) a spousal benefit - will be calculated, if applicable, for the spouse and the higher one will be the one issued.

[FredSmif]

Maybe they refer to a couple who visit by the SSA office together at the same time

---

@mikaelhansen wrote:

But I am still wondering about what SSA means by "you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse" because what is really “at the same time”?

---

[mikaelhansen]

I don't think that "Come January 1, 2020 - the above choice goes away and then everybody filing for retirement or spousal benefits will be under the same rule of "Deemed Filing"" is true because as long you're born before January 2, 1954, after new year you can still file for spousal benefits (if your spouse has filed for individual benefits of course). I take it that in referring to "everybody", you mean "everybody" born on January 2, 1954 or later, the ones reaching FRA on "January 1, 2020".

But I am still wondering about what SSA means by "you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse" because what is really “at the same time”?

[GailL1]

---

@mikaelhansen wrote:

I read on
https://www.ssa.gov/planners/retire/applying6.html
that “If your spouse is already receiving benefits when you apply, or if you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse. If you qualify, your application will automatically serve as a request for spousal benefits.”

What, do you think, is meant by “at the same time”? I don’t imagine that a married couple is applying in parallel on respective computers.

But once one clicks on the submit button, is the other good to go right then and there? Or do you need to wait until the day after for overnight processing or until the individual social security of the first spouse is in full effect?

---

Yes, some couples could apply at the same time.  

But what SSA is saying in this regards is that they will check both types of benefits - the beneficiary's own benefit and their spousal benefit - to see which is higher at the time of application and then apply the one that is higher.

If a person was born before January 1,1954 - they could have a choice of getting a spousal benefit and delaying their own until 70 at which time they would switch to their own at a higher accumulated rate. BUT . . . .

Come January 1, 2020 - the above choice goes away and then everybody filing for retirement or spousal benefits will be under the same rule of "Deemed Filing" - meaning that when you file, all applicable retirement benefits will be reviewed and the one that is issued will be the highest in amount - one's own benefit or a spousal benefit.  There will be NO More filing for a spousal benefit in order to let one's own benefit grow until 70.

As to submitting an online application and then trying to change it - that might be a little difficult - best to call or visit an SS office.  You can also sign up for a mySocialSecurity account and follow their processing via personal online notifications to your individual account.  You will also get noticed by mail but the online method lets you know faster.

[mikaelhansen]

I read on
https://www.ssa.gov/planners/retire/applying6.html
that “If your spouse is already receiving benefits when you apply, or if you and your spouse apply at the same time, we will also check your eligibility for benefits as a spouse. If you qualify, your application will automatically serve as a request for spousal benefits.”

What, do you think, is meant by “at the same time”? I don’t imagine that a married couple is applying in parallel on respective computers.

But once one clicks on the submit button, is the other good to go right then and there? Or do you need to wait until the day after for overnight processing or until the individual social security of the first spouse is in full effect?