Understanding Deemed Filing and Spousal Benefits After Claiming Early

Deemed filing applies and she is required to file on her ex-spouses work record since she has filed on her own.  Reference POMS section GN 00204.035C4.  Section E2 gives an example. You’re correct in questioning the advice given by the Social Security representative. Given that your client was born after January 1, 1954, the deemed filing rule does apply to her situation. Here’s how it works:

1. Deemed Filing Rule:

   • Automatic Filing: The deemed filing rule requires that when an individual who is eligible for both their own retirement benefit and a spousal benefit files for one, they are automatically considered to have filed for the other as well. Since your client has already claimed her own benefit at age 62, she is required to file for the spousal benefit on her ex-spouse’s work record once she becomes eligible.
   • No Deferral Option: The advice to defer the spousal benefit for a larger future benefit is incorrect in this case. Because of the deemed filing rule, she must claim the spousal benefit now that she is eligible, and it will be added to her existing benefit.

2. Applicability of the Rule:

   • Born After January 1, 1954: The option to defer spousal benefits only applies to individuals born before January 2, 1954. Since your client was born after this date, she does not have the option to defer spousal benefits while continuing to collect her own.

3. Action Steps:

   • Contact Social Security: Your client should contact Social Security again and request an appointment to file for the spousal benefit. It’s important for her to reference the deemed filing rule and insist that the spousal benefit be applied to her current Social Security payments.
   • Reference POMS: For further clarification, you can refer your client or the Social Security representative to the Program Operations Manual System (POMS) section GN 00204.035C4, which outlines the application of deemed filing. Section E2 provides an example that is relevant to her situation.

In summary, because of the deemed filing rule, your client must file for the spousal benefit on her ex-spouse’s work record now that she is eligible. The option to defer this benefit does not apply to her birthdate. She should contact Social Security to ensure the correct benefit is applied. Let me know if you need further assistance!