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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Social Security: File and Suspend No More

December 20, 2015

Back in October, as part of the Bipartisan Budget Act, Congress eliminated a couple of Social Security claiming strategies (§ 831) that have been getting a lot of press (one is known as “file and suspend”, the other, “restricted application”).  The New York Times ran an article on December 4, 2015 discussing these strategies that are being eliminated and what options remain for individuals planning for their retirement.  The End of Social Security Loopholes: What Now? examines the role of life expectancy in deciding when to start collecting Social Security retirement benefits. But, “[f]iguring out the best strategy is difficult because few retirees know how long they will live.” The article discusses the variables that go into deciding which strategy is best  and notes that these are not “one size fits all” decisions.

The Washington Post also ran an article about the elimination of these two claiming strategies and what that means for individuals planning for their retirement. As one Social Security strategy disappears, consider other smart options focuses on the elimination of the file and suspend strategy and offers 4 tips, including obtaining advice and preparing a budget.