Can You Increase Your Social Security Benefits?

Maximizing Social Security Benefits: A Historical Perspective

“All you have to do is type ‘maximize Social Security’ into Google or any other search engine and you will get hundreds, if not thousands, of hits.”

Introduction of "File and Suspend" and "File and Restrict" Loopholes

The desire to get the largest possible benefits from Social Security is a relatively new phenomenon. For decades, people received their monthly benefit check and that was it. However, in the late 1990s, a new law let seniors over age 66 work without any reduction in benefits, says the article “Social Security & You: Seniors obsess over ‘maximizing’ their Social Security” from Tuscon.com. The law led to loopholes that became known as “file and suspend” and “file and restrict.” In a nutshell, they allowed retirees to collect dependent spousal benefits on a spouse’s Social Security record, while delaying their own benefits until age 70.

Closing of Loopholes by Congress

Congress eventually realized that these loopholes violated the basic concept of the program. Benefits to spouses were always known as “dependent” benefits. To claim benefits as a spouse, you had to prove that you were financially dependent upon the other spouse to collect benefits on their record. However, the loophole let people who were the primary wage earner in the family claim benefits as a “dependent” of the other spouse. Five years ago, Congress closed that loophole.

Strategies for Increasing Social Security Benefits

More specifically, Congress closed the ability to file-and-suspend. It also put file-and-restrict on notice. If you turned 66 before January 2020, you could still wiggle through that loophole, and there are some people who are still eligible. That’s where the term “maximizing your benefits” originated.

Delaying Benefits Until Full Retirement Age or Age 70

Can you get a bigger Social Security check, if you don’t fit into the exception noted above? The only real strategy to maximizing your benefits is simply to wait. The equation is pretty simple. If you wait until your Full Retirement Age (FRA), you will receive 100% of your benefit rate. If you can wait until age 70, you’ll receive 132% of your benefit.

Higher Income Earner Waiting to File for Retirement

In some households, the higher income earner waits until age 70 to file for retirement, so that the surviving spouse will one day receive higher surviving spouse benefits.

Factors Influencing the Decision to Take Benefits Early

Chronic Illness and Early Benefits

But that’s not the best advice for everyone. If you or your spouse suffer from a chronic illness, it may not make sense to wait.

Job Loss Due to Pandemic and Relying on Social Security

If you or your spouse have lost your jobs, as so many have because of the pandemic, then Social Security may be the safety net that you need, until you are able to return to some kind of paid employment.

Augmenting Other Income Sources with Social Security

There may be other reasons why you might need to take your benefits earlier, even earlier than your FRA. Some households start taking their Social Security benefits at age 62, as a way to augment other income.

Preparing for Your Social Security Future

Setting Up a "My Social Security" Account on the SSA Portal

If you don’t already have a “My Social Security” account set up on the Social Security Administration’s portal, now is the time to do so. The Social Security Administration stopped sending annual statements years ago, but you can go into your account and download the statements yourself and start planning for your future.

Reference: Tuscon.com (Feb. 10, 2021) “Social Security & You: Seniors obsess over ‘maximizing’ their Social Security”

Attorney Benjamin Long

Benjamin Long is the founding attorney at Schlagel Long, LLC, an estate planning and probate law firm based in Olathe, Kansas. With deep expertise in retirement planning and Social Security strategies, Ben guides seniors and pre-retirees in maximizing their Social Security benefits, making informed decisions on when to claim, and navigating recent legislative changes impacting benefit eligibility.

Ben understands that the timing of claiming Social Security can significantly affect retirement security. He helps clients weigh crucial factors—such as life expectancy, health status, job loss, or family needs—to determine whether delaying benefits until full retirement age (or age 70) makes financial sense. He also assists clients in using Social Security strategically alongside other retirement income streams to optimize their overall financial well-being.

Benjamin earned his law degree from Washburn University School of Law, where he received a Certificate in Advocacy and was inducted into the Order of the Barristers. He also holds a Bachelor of Science degree from Kansas State University. Recognized by Super Lawyers as a Rising Star and recipient of the Martindale-Hubbell Client Distinction Award, Ben provides trusted guidance and personalized retirement planning tailored specifically to his clients’ needs.

Outside his practice, Ben serves as adjunct faculty at Washburn Law School and coaches the Kansas State University Mock Trial Team. He resides in Olathe with his wife, Dr. Andra Long, and their two daughters.

Benjamin E. Long - Estate Planning Attorney

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