Applying for Social Security Retirement Benefits

Social Security is a federal insurance program that provides benefits to eligible individuals. These individuals may include those who have paid into the system for at least 10 years, are disabled, are survivors of deceased eligible workers, or other designated beneficiaries.

Deciding when to file for Social Security benefits is an important financial decision made by most people when they reach retirement age. Although you can claim social security benefits as early as 62 years old, delaying the claim of benefits past retirement age increases the amount of your payments for every year.

Understanding how to apply for social security benefits and the timing considerations is important for planning your financial future. If you are worried about making costly mistakes or want to make sure you are making the right decision, contact a Social Security attorney near you. They can help you with your application process and help you receive the full benefit amount.

What Types of Social Security Benefits Are Available?

The Social Security Administration (SSA) offers several types of benefits to eligible individuals and their families, including:

• Retirement benefits based on age
• Survivor benefits after a family death
• Benefits for children and spouses
• Disability benefits
• Supplemental income

In retirement, it’s possible to qualify for several types of benefits. 

Retirement Benefits

SSA calculates your retirement benefits on your lifetime earnings if you have worked and paid Social Security taxes for at least 10 years. You can begin receiving these benefits as early as age 62, and you can file an application even when you’re still working. However, your payment amount increases if you wait until your full retirement age or later.

Survivor Benefits

Survivor benefits are monthly payments to the eligible family members of workers who have died. Eligible claimants include spouses, ex-spouses, children, adopted children, stepchildren, adult children with a disability, and dependent parents. These benefits help provide financial support after the loss of a family member who worked and paid into the Social Security system.

Spousal or Child Benefits

These benefits include monthly payments to certain family members of eligible workers who are entitled to retirement benefits. Eligible family members include current spouses, ex-spouses, and some grandchildren. They may receive up to 50% of the worker’s benefit amount.

Disability Benefits

Social Security Disability Benefits (SSDI) provide monthly disability payments to beneficiaries who have a qualifying medical condition that prevents them from working. To qualify for Social Security disability insurance, applicants must meet specific eligibility requirements. These requirements include having a qualifying disability and having enough work history. The disability determination will require you to submit medical records from healthcare providers that establish your disability, its onset date, and your work history.

Supplemental Security Income (SSI)

A needs-based program providing SSI benefits to individuals with limited income and resources who are disabled, blind, or age 65 or older. Unlike other Social Security benefits, SSI is not based on work history but rather on financial need.

How the Social Security Retirement System Works

Social Security is a “pay as you go” insurance plan intended to supplement any other retirement plan you have (i.e., savings, pension). As you work throughout your lifetime, Social Security taxes are taken out of your paycheck. These payroll taxes fund the monthly benefits paid to current retirees and other beneficiaries. There are various timing considerations when applying for social security benefits, depending on the type and amount of benefit you require.

Who is Eligible to Collect Social Security?

The SSA‘s credit system determines eligibility based on your work history. To qualify for Social Security retirement benefits, you need to earn at least 40 Social Security credits. This means that anyone born in 1929 or later must have worked for at least 10 years. If you were born before 1929, SSA requires fewer years.

You can earn a maximum of four credits per year. For example, in 2025, you would have earned one credit for every $1,810 in covered earnings. 

You can create a Social Security account online through the Social Security Administration‘s website at www.ssa.gov, check the amount of Social Security credits you’ve earned, and look at your earnings record. The portal will also allow you to view estimates of your future retirement benefits based on your age. You should review your Social Security record annually to ensure it is accurate and up-to-date. If you discover errors, contact the SSA to correct them. Be prepared to provide documentation, such as W-2 forms or tax returns, when requesting a correction.

The Social Security Administration has different rules for the following types of workers. If you fall into one of these categories, visit the Social Security website to determine your eligibility:

• Farm laborers
• Government employees
• Military
• Non-profit employees
• Household employees

If you’re unsure or have additional questions, consider consulting a Social Security attorney for assistance.

When To File for Retirement Benefits: Early, Full, or Delayed Retirement Benefits

The time to file for retirement benefits often depends on when you reach your full retirement age. The full retirement age depends on your birth year.

Here’s a list of the birth years and their full retirement age:

• Born in 1960 or later: full retirement age is 67
• Born between 1943 and 1959: full retirement age ranges from 66 years old to 66 and 10 months

It’s possible to begin receiving your benefits as early as age 62. Take into consideration that if you start receiving your retirement benefits before your full retirement age, the amount will be reduced by a small percentage for every month before you reach full retirement age. Starting your benefits at your full retirement age means you’ll receive the full expected amount. The SSA provides a detailed chart showing the reductions in benefits based on your birth year and the age at which you start receiving your benefits.

Even if you decide to delay claiming your Social Security benefits until after you turn 65, you should still apply for Medicare benefits as soon as possible. This will help prevent penalties or gaps in your healthcare coverage.

How Social Security Calculates Your Retirement Benefits

The system calculates your benefits based on the amount you contribute. Several factors determine how much you receive. These include how long you’ve worked, how much you’ve earned, and at what age you start claiming benefits.

Social Security calculates your average earnings in the past 35 highest-earning years, adjusted for inflation. The system then uses this number to calculate your average indexed monthly earnings, which adjusts to determine the amount of benefits.

You can claim your benefit as early as age 62, but doing so reduces your monthly payment. The system calculates the reduction based on the number of months you claim before your full retirement age. This reduced amount becomes your permanent monthly payment. It won’t increase when you reach your full retirement age. You could receive up to 30% less than your full benefit amount.

Spouses and ex-spouses may also collect up to 50% of their spouse’s or ex-spouse’s benefits. The SSA’s benefits calculator can help you determine your future retirement benefit amount. This calculator allows you to view the estimated amount at various retirement ages and is helpful for making an informed decision about when to claim your retirement benefits.

If you have questions or concerns about your retirement benefits, you can contact a local Social Security office or consult with a qualified attorney. They can review your claim and help ensure you are receiving the correct benefit amount.

Can I Work and Still Receive Social Security?

Once you start receiving Social Security retirement benefits, the program considers you as retired. However, you may continue to work and still receive Social Security benefits. There’s no limit to how much you can earn if you start collecting benefits at your full retirement age. If you begin collecting benefits before you’ve reached your full retirement age, Social Security reduces your benefit for earning over the exempt amount.

Continuing to work while receiving benefits could benefit you in the long run. Every year, the SSA reviews the earning records of all beneficiaries. If you’re a beneficiary and your latest year of earnings is one of the highest earnings, they will recalculate your benefit and increase it retroactively to January of the same year.

For 2026, if you are under full retirement age for the entire year, the annual earnings limit is $24,480. This means you can earn up to that amount during the year without any deduction. However, if you earn more than this amount, the SSA will deduct $1 from your benefits for every $2 you earn over the limit.

Once you reach your full retirement age, the rules are more generous. For the months before your birthday, celebrating your full retirement age, you can earn up to $65,160 without deduction in 2026. SSA will deduct $1 for every $3 you earn above the limit. However, starting the month you reach full retirement age, SSA will no longer make deductions from your earnings. You can receive your benefits regardless of your earnings.

Let’s look at an example. In 2026, you’ll reach full retirement age in July. SSA only counts your earnings from January to June against the $65,160 limit. Starting July onwards, you can earn as much as you want without affecting your SSA benefits.

How To Apply for Social Security Benefits

You can apply for Social Security benefits by phone or online. Regardless, there’s a strong chance that you’ll still need to visit your local Social Security office at least once. By entering your zip code on the Social Security Administration‘s website, you can find the nearest office. You can also check your telephone directory for an office near you. 

You can apply for retirement benefits online or by phone at 1-800-772-1213, a toll-free number. You can also apply in person at your local SSA office.

File your application at least four months before the date you want to start receiving your payments to ensure your benefits arrive when you want them. Once you submit your application, the SSA will review it and contact you for any additional information needed. You can also check the status of your application by logging in to your My Social Security account.

Documents You Need To Apply for Social Security

Whether you apply online or in person, you’ll need access to a number of documents. Make sure you have the following at hand when you apply:

• Birth certificate or other proof of birth
• Proof of U.S. Citizenship or naturalization papers
• Military service papers (if applicable)
• W-2 forms or self-employment tax returns

You’ll also need to provide this information:

• Your date and place of birth
• Your Social Security number
• Your bank routing number
• Your employer’s name and address
• Information about your current and former spouses
• A copy of your Social Security Statement

For a complete list of required documents, review the SSA‘s Form SSA-1, which outlines information needed to apply for retirement benefits.

Special Rule for Earnings in Your First Year of Retirement

If you retired in the middle of the year and already earned above the annual earnings limit before you stopped working, the SSA has a special earnings rule. The rule will still allow you to receive your full Social Security benefits amount for certain months, regardless of your earnings for the year. This rule is particularly helpful in your first year of retirement.

Under this special rule, in 2026, the SSA will pay your full benefit for any whole month where:

• You are under full retirement age for the rest of the year. Your monthly earnings are $2,040 or less, and you did not work substantial hours in self-employment services.
• You reach full retirement age this year. The SSA considers you retired in any month where your earnings are $5,430 or less and you did not work substantial hours in self-employment services.

For these purposes, “substantial hours of services in self-employment” means that you worked above 45 hours per month for a business.

Tips for Maximizing Your Social Security Benefits

The system is based on the top 35 years of your earning career. With this, the most obvious tip is to earn as much as you can. There are also several strategies available to maximize your benefits.

The first is to wait until you reach your full retirement age before claiming your benefits. Under the current system, you may claim your benefits starting at age 62. However, doing so could result in a maximum reduction of up to 30% in your benefits. If you can hold off receiving benefits until after the retirement age, you can earn an extra 8% for each year you wait. This increase will continue until age 70, when it reaches the maximum.

Another suggestion is to consider whether you should collect based on your own earnings or those of your spouse. You may collect under the greater of the two, so if one spouse earns significantly more than the other, it may make sense to collect benefits under that person. If spouses have different ages, it may require some strategizing to manage when benefits are received. It could be well worth it to do so.

Can a Divorced Spouse of an Eligible Worker Also Collect Benefits?

All spouses may collect up to 50% of their spouse’s benefits or choose to receive benefits based on their own career earnings.

For divorced spouses, all of the following must apply:

• Married for at least 10 years
• Have been divorced for at least two years
• Aren’t currently married to another person

You may only collect benefits based on your career earnings or those of your spouse, not both. You may also collect with or without informing your spouse or ex-spouse. Your benefits will not be affected in any way.

Will Social Security Run Out? Understanding the Future Outlook

The 2025 Social Security Trustee Report projected that the Old-Age and Survivors Insurance (OASI) Trust Fund will be able to pay full scheduled benefits until 2033. If Congress does not make any legislative changes by that point, the reserve funds will be depleted. Continuing program income could pay approximately 77% of the scheduled benefits.

There are key factors that are responsible for the shift in the financial outlook of Social Security benefits. First, the enactment of the Social Security Fairness Act in January 2025 changed the calculation of Social Security benefits for certain workers. Previously, workers in certain government or teaching positions that did not pay Social Security, but also held other jobs that did pay Social Security, had their benefits reduced. The new law removed these reductions. This means that these workers now receive higher Social Security payments than they did before. As more people receive benefit amounts, the change adds financial pressure to the Social Security system.

The second factor that affects these financial projections is the current low birth rate, which is continuing longer than expected. A smaller share of the U.S. economy is going to workers’ wages. The cause of these financial challenges is the shift in demographics rather than the mismanagement of the system. At present, the Social Security system remains adequately funded, with assets guaranteed by the U.S. Government. The Congress also has time to implement solutions.

Other Retirement Planning Strategies

The potential financial challenges of the Social Security system underscore the importance of diversifying your retirement strategy. Consider contributing to employer-sponsored retirement plans, as they can provide an additional source of retirement income. These plans include 401(k) and other workplace retirement plans.

Individual Retirement Accounts (IRAs) are also a sound investment option. An IRA is a tax-advantaged savings option that helps build retirement funds. If you’re considering getting started on a personal savings and investment portfolio, FindLaw’s Retirement Planning resources can explain the ways you can save up for your retirement.

Need Help Applying for Social Security Benefits? Seek Legal Advice

The process to apply for social security benefits can be complex, particularly if you are trying to decide when is the best time to file. Understanding how your work history affects your Social Security benefits is a necessity.

A Social Security attorney can guide you through the process and assist you in maximizing your benefits. They can ensure that your application is accurate and submitted in a timely manner. Speaking with a Social Security attorney can help you learn more about your rights and secure your benefits.