@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.
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