Social Security

Social Security Deemed Filings

The term “deemed filing” means that when you file for either your own retirement benefit or your spouse’s benefit, you are required or “deemed“ to have filed for the other benefit as well.

Example: Suppose Jane earns $50,000 a year. Her husband, John, earns $100,000 per year. Jane is 66 and John is 67. The deemed filing rule prevents John from collecting benefits on his wife’s Social Security record while continuing to work and earn delayed retirement credits.

The purpose of the rule is to prevent someone taking unfair advantage of the system. You can increase your monthly benefit by continuing to work past your full retirement age; if you wait until age 70 to claim your benefits, you may get a monthly check that is as much as 25% more than you would get by retiring at age 67. However, you cannot claim benefits on a spouse’s record while waiting for your own benefits to increase. With deemed filing, when applying for a spouse’s benefit, you are deemed to have applied for your own retirement benefits too, preventing you from earning delayed retirement credits.

The deemed filing rule does not apply to Survivor Benefits; A surviving widow or widower can collect survivor benefits while continuing to accrue income credits while employed. Other exceptions to the deemed filing rule are people who receive spousal benefits and are also entitled to disability and those receiving spousal benefits while caring for a deceased worker’s child.

 

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