Deemed Filing Rules for Social Security
Deemed filing rules for Social Security determine what happens when you apply for Social Security retirement or spousal benefits. In most cases today, if you file for one, you are “deemed” to have filed for both—and you’ll receive the higher of your own retirement benefit or a combination of your benefit plus any spousal “excess.” Knowing when deemed filing applies (and when it doesn’t) helps you avoid mistakes and time your claim for the best lifetime outcome.
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Deemed Filing Rules: The Basics
- One application, both benefits: If you’re entitled to both retirement and spousal benefits in the same month, filing for one is treated as filing for both. You won’t get two checks—you receive your own benefit first, plus any spousal “excess” if applicable.
- Who is affected: Generally, anyone born on or after January 2, 1954. (Special strategies available to earlier birth years have largely sunset.)
- Applies to spouses and divorced spouses: Deemed filing typically applies whether you’re currently married or divorced (and otherwise eligible for divorced spousal benefits).
When Deemed Filing Does Not Apply
- Survivor benefits: Deemed filing does not apply to survivor (widow/widower) benefits. You can claim a survivor benefit first and delay your own retirement benefit to a later age if it pays more.
- Child-in-care situations: If you’re receiving a spousal benefit because you’re caring for the worker’s child who is under 16 or disabled, deemed filing generally does not apply.
- Not entitled in the same month: If you’re not yet eligible for both benefits at the same time, deemed filing may not trigger until you are.
Key Change Behind Today’s Rules
Legislation phased out most “file-restricted” strategies. In plain English: people born before January 2, 1954 may still, in limited cases, file a restricted application for spousal benefits only at Full Retirement Age (FRA) and delay their own retirement benefit. Everyone else is generally subject to deemed filing rules. If you think you might qualify for a restricted application, let’s confirm your birthdate, marital history, and eligibility.
Deemed Filing Rules: Practical Effects
- No “spousal only” for most people: When you file, Social Security compares your own benefit and any spousal excess; you receive the higher combined amount.
- Timing matters: Filing early reduces both your own benefit and any spousal amount. Filing at FRA avoids early-claim reductions. Delaying your own retirement benefit after FRA earns Delayed Retirement Credits (until 70), which can boost a future survivor benefit for your spouse.
- Divorce rules still apply: Divorced spousal benefits require a marriage that lasted at least 10 years, among other criteria; deemed filing still generally applies to eligible divorced spouses.
Examples to Make It Clear
- Current spouses at FRA: Jamie files at FRA and is eligible for both benefits. Under deemed filing, Jamie receives their own benefit plus any spousal excess if their spouse’s record yields more. No “spousal-only” option unless born before 1/2/1954 and eligible to file restricted.
- Divorced spouse at 67: Alex (married 12 years in the past) files at 67 and is entitled to both their own benefit and a divorced spousal benefit. Deemed filing applies—Alex gets their own benefit first, plus any excess from the divorced spousal amount.
- Widowed spouse at 62: Taylor can choose the survivor benefit without being deemed to file for their own retirement benefit. Taylor might take the survivor benefit now and delay their own benefit to 70 if that produces the higher lifetime value.
Related Rules You Should Weigh
- Delayed Retirement Credits: Waiting past FRA increases your own retirement benefit each year until 70. See Delayed Retirement Credits.
- Working and filing: Earnings before FRA can reduce checks under the earnings test; after FRA, the earnings test ends. See Earnings Test After FRA.
- Remarriage and spousal eligibility: Different rules apply if you remarry; review How Remarriage Affects Spousal Benefits.
- Medicare timing: Coordinating Medicare and Social Security can affect HSAs and penalties. See How Medicare & Social Security Work Together.
Helpful resources:
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FAQs: Deemed Filing Rules
What is deemed filing?
When you’re entitled to both retirement and spousal benefits in the same month, filing for one is treated as filing for both. You receive your own benefit first, plus any spousal “excess” if applicable.
Does deemed filing apply to survivor benefits?
No. Deemed filing does not apply to survivor benefits. You can take a survivor benefit and delay your own retirement benefit, or vice-versa.
Can divorced spouses be subject to deemed filing?
Yes. If otherwise eligible for divorced spousal benefits and entitled to both benefits in the same month, deemed filing generally applies.
Who can still file a restricted application?
Only those born before January 2, 1954 may, in limited cases, file a restricted application for spousal benefits only at FRA. Everyone else is generally subject to deemed filing.
