Navigating the world of Social Security benefits can be confusing, especially when it comes to understanding the filing requirements for old-age and spousal benefits.
In this blog post, we’ll break down § 404.623, which addresses whether you are required to file for all benefits if you are eligible for both old-age and husband’s or wife’s benefits.
Section A: Presumed Filing for Spousal Benefits: According to § 404.623(a), if you file an application for old-age benefits, you are presumed to have also filed an application for husband’s or wife’s benefits in the first month of your entitlement to old-age benefits, under these conditions:
- Your old-age benefits are reduced for age because you choose to receive them before you reach full retirement age (as defined in § 404.409).
- You are eligible for either a husband’s or a wife’s benefit for the first month of your entitlement to old-age benefits.
Section B: Presumed Filing for Old-Age Benefits: On the other hand, § 404.623(b) states that if you file an application for a husband’s or a wife’s benefit, you are presumed to have filed an application for old-age benefits in the first month of your entitlement to husband’s or wife’s benefits if:
- Your husband’s or wife’s benefits are reduced for age because you choose to receive them before you reach full retirement age (as defined in § 404.409).
- You are eligible for old-age benefits for the first month of your entitlement to husband’s or wife’s benefits.
Section C: Exception for Disability Benefits: There is an exception to the rules mentioned above, as per § 404.623(c). The presumed filing for old-age benefits in section (b) does not apply if you are also entitled to disability benefits in the first month of your entitlement to husband’s or wife’s benefits. In this case, you are presumed to have filed for old-age benefits only if your disability benefits end before you reach full retirement age (as defined in § 404.409).
Example: Sarah’s Social Security Benefit Scenario
Sarah is 62 years old and considering filing for Social Security benefits. She has worked for 35 years and is eligible for both old-age benefits and wife’s benefits based on her husband’s work record. Let’s see how § 404.623 applies to her situation.
- Sarah files for old-age benefits:
If Sarah files for old-age benefits at 62, she is choosing to receive them before reaching her full retirement age (FRA) of 67, as defined in § 404.409. Her old-age benefits will be reduced for age. Since she is also eligible for wife’s benefits in the first month of her entitlement to old-age benefits, Sarah is presumed to have filed for both old-age and wife’s benefits according to § 404.623(a).
- Sarah files for wife’s benefits:
Alternatively, if Sarah decides to file for wife’s benefits at 62, she is choosing to receive them before her FRA of 67. Her wife’s benefits will be reduced for age. As Sarah is eligible for old-age benefits in the first month of her entitlement to wife’s benefits, she is presumed to have filed for both wife’s and old-age benefits based on § 404.623(b).
- Sarah’s disability benefits:
Suppose Sarah is receiving disability benefits in the first month of her entitlement to wife’s benefits. In this case, the presumed filing for old-age benefits in scenario 2 would not apply, as per § 404.623(c). If Sarah’s disability benefits end before she reaches her FRA, she will then be presumed to have filed for old-age benefits.
In both scenarios, Sarah is presumed to have filed for both old-age and wife’s benefits, but the timing and conditions for each scenario differ. It’s essential for Sarah to evaluate her options and make an informed decision about when to claim her Social Security benefits.
Conclusion: Understanding the filing requirements for old-age and spousal benefits is crucial to ensure you receive the benefits you’re entitled to. Be sure to carefully review the conditions and exceptions outlined in § 404.623 to make informed decisions about your Social Security benefits. If you have any questions or need assistance, consider reaching out to a knowledgeable professional for guidance.
https://www.ssa.gov/OP_Home/cfr20/404/404-0623.htm
At Hugo Fierro & Michael Perez, we are a group of committed professionals who possess a comprehensive understanding of the intricacies entailed in Social Security disability claims. Our team takes great pride in utilizing our knowledge and expertise to provide tailored guidance and support to our clients. With our proficiency in navigating the intricate details of each case, we strive to offer invaluable insights and customized assistance that cater to your specific needs.