Deemed Filing Explained: Key Exceptions and How Retroactive Social Security Works
What is “deemed filing” for Social Security?
“Deemed filing” is a Social Security rule that says: when you apply for retirement benefits or for spousal benefits, the Social Security Administration (SSA) will usually treat you as if you had filed for both at the same time, and will automatically pay you the higher amount you qualify for. This rule was tightened by the Bipartisan Budget Act of 2015 and now applies to almost everyone who turns 62 after January 2, 2016.
Before these changes, some people could do “restricted applications” and claim only the spousal benefit while letting their own retirement benefit grow. Today, in most situations, you cannot do that — if you file for one, you are “deemed” to have filed for the other.
This rule is meant to simplify payments and avoid strategies that delayed one benefit just to increase the other. But it is not absolute: there are important exceptions, especially for survivors, for people receiving benefits on ex-spouses, and in some non-U.S. marriage or eligibility scenarios.
Information box – When deemed filing applies
Applies if you:
- Were born after Jan 2, 1954
- File for retirement benefits
- Are eligible for a spousal benefit in the same month
What SSA does:
- Checks your own PIA (Primary Insurance Amount)
- Checks spousal amount (up to 50% of spouse’s PIA at FRA)
- Pays the higher allowed amount for that month
Goal:
Simplify claims, prevent “file only for spouse” strategies, align with 2015 law.
Why deemed filing matters
It matters because it can limit your ability to choose which benefit starts first. If your plan was “I will take a spousal benefit at 66 and let my own benefit grow until 70,” deemed filing may block that plan — SSA will pay your own benefit right away if it’s higher, even if you wanted to wait.
It also matters for people who are married to someone already receiving Social Security or who become eligible for spousal benefits in the same month they file. Your claiming month becomes a critical decision point: the month you pick can decide whether SSA treats you as filing for one benefit or for both.
Benefit comparison chart (illustrative)
Scenario: You are 66, your own benefit at FRA = $1,000. Your spouse’s PIA = $2,400. Max spousal (50%) = $1,200.
Without deemed filing (old rules): you could have taken $1,200 spousal and delayed your own to 70.
With deemed filing (current rules): SSA sees you are eligible for both and will pay you the higher of your own or your own + spousal excess. In this case, you end up around $1,200 anyway, but you lose the strategic delay option.
Before 2016
- Restricted application allowed
- Could take only spousal
- Delay own benefit → higher at 70
After 2016
- Most people cannot file restricted
- Deemed filing applies to retirement + spousal
- SSA pays what you’re due now
Core rule today
The modern rule can be summarized like this:
If you apply for old-age (retirement) benefits and you are also eligible for a spouse’s benefit in that same month, SSA will treat you as if you applied for both.
That’s the starting point. Now we need to see where you can get out of deemed filing.
Deemed filing – main exceptions
Even with the 2015 law, SSA recognizes that some benefit types must stay separate because they serve different purposes. The main exceptions are:
- Survivor benefits are not subject to deemed filing. If your spouse (or ex-spouse) died and you are eligible for a widow(er)’s, disabled widow(er)’s, or surviving divorced spouse’s benefit, you can usually choose to file for survivor benefits first and delay your own retirement benefit, or the opposite. Survivor benefits follow separate timing rules.
- Benefits on an ex-spouse’s record sometimes follow different eligibility timing. If you are divorced after a marriage of at least 10 years, and both of you are 62+, you may be able to collect on your ex’s record. Deemed filing can still apply, but the timing of your ex’s filing and your own benefit can create windows where you are not yet “deemed.”
- Spousal benefits based on caring for a child under 16 or disabled may be treated differently, because they are connected to a current family situation, not just to age-based entitlement.
- Claiming before the other spouse is entitled. Deemed filing applies when you’re entitled to both in the same month. If your spouse is not yet entitled to Social Security, there may be no spousal benefit to trigger deemed filing.
- People grandfathered under the old rules. People who turned 62 before Jan 2, 2016, and who met very specific conditions, may still file a restricted application at or after Full Retirement Age (FRA). This is a shrinking group every year.
Retroactivity and back pay – interaction with deemed filing
When you apply for Social Security after your Full Retirement Age (FRA), SSA may allow retroactive benefits for up to six months in many cases. That is, you can say: “Pretend I filed six months ago and pay me those months now.” This is sometimes called retroactive entitlement or “back pay.”
However, if you are subject to deemed filing in the month you choose retroactivity to start, then SSA will also treat you as having filed for the other benefit from that retroactive month. In other words, your retroactive month can “pull in” spousal entitlement too.
Example – retroactivity pulls in spousal
• You are 67 and eligible for your own retirement benefit and for a spousal benefit because your spouse has been receiving since 65.
• You file now and ask for 6 months retroactive.
• Because you were already eligible for both benefits 6 months ago, SSA can “deem” you to have filed for both from that earlier month and pay you the combined/higher amount.
• Result: you get a lump sum, but you may lose some delayed retirement credits and lock in a lower ongoing benefit.
This is why choosing your filing month is so strategic: retroactivity = good for cash now, but it can shave off growth from your benefit and, when combined with deemed filing, it can accelerate other benefits too.
Quick guide (English)
- Step 1 – Identify benefit types: Are you eligible for retirement only, retirement + spousal, or survivor + retirement?
- Step 2 – Check born-before-2016 rule: If you turned 62 before Jan 2, 2016, ask SSA about a restricted application.
- Step 3 – Survivor path? If you qualify for survivor benefits, remember: no deemed filing between survivor and retirement. You can stage them.
- Step 4 – Consider your filing month: If you ask SSA to pay you retroactively, deemed filing can apply to that retroactive month.
- Step 5 – Run two scenarios: (a) file now, no retro, let spouse’s benefit be deemed; (b) delay or file survivor first, then retirement later.
- Step 6 – Document it: Keep a note of what you asked so you can confirm your award letter.
FAQ (English)
1. Does deemed filing apply to survivor benefits?
No. Survivor benefits (widow, widower, surviving divorced spouse) are not subject to deemed filing. You can choose to take a survivor benefit first and your own retirement later, or vice versa.
2. I was born before January 2, 1954 — do I still have options?
Possibly yes. People in this group may still file a restricted application for spousal benefits only at FRA, and let their own retirement benefit grow. This is one of the few ways to avoid deemed filing today.
3. What if my spouse is not yet collecting Social Security?
If your spouse is not entitled yet, there may be no spousal benefit to trigger deemed filing. You might file for your own benefit now and later become entitled to a spousal add-on when your spouse files.
4. Can I refuse retroactive benefits to protect my delayed credits?
Yes. You can tell SSA you do not want retroactive months. That way, you avoid losing delayed retirement credits and avoid triggering deemed filing in an earlier month.
5. Do ex-spouses count for deemed filing?
They can. If you are eligible for a divorced-spouse benefit in the same month you file for retirement and you meet the age and duration-of-marriage rules, SSA may still evaluate both in that month.
6. Is this the same as “deemed marriage” rules for survivors abroad?
No. “Deemed filing” is about when you are considered to have filed for multiple types of benefits. “Deemed marriage” is a different concept used in some survivor cases. Don’t confuse the two.
7. Can deemed filing reduce my benefit?
It can reduce your future growth if, because of deemed filing, SSA starts your retirement benefit earlier than you would have chosen. You still get what you are due for that month, but you may lose the chance to earn more delayed retirement credits.
Technical / legal basis (English)
The modern deemed filing rules are grounded in:
- Title II of the Social Security Act – provisions regarding entitlement to old-age and wife’s/husband’s benefits.
- Bipartisan Budget Act of 2015, Section 831 – it closed several claiming strategies and expanded deemed filing to cover more people and more situations.
- SSA Program Operations Manual System (POMS), especially sections on GN 00204 (filing applications), RS 00202 (spouse’s benefits), and RS 00207 (widow(er)’s benefits), which explain when entitlement arises and how dual entitlements are handled.
- 20 C.F.R. §§ 404.623–404.640 (various) – regulations on when an application is considered filed and how SSA may deem an application to cover multiple benefits.
SSA also issues sub-regulatory guidance when applying the 2015 law to complex cases (for example, when a person becomes entitled to a spouse’s benefit after they already filed for retirement, or when one spouse lives abroad). These clarifications keep the core idea the same: if you could receive two benefits in the same month, SSA will not let you postpone the more advantageous one just to increase it further.
Because these rules interact with retroactivity, delayed retirement credits, government pension offset (GPO), and even windfall elimination provision (WEP) in some careers, a real case should always be double-checked with SSA or with a professional who works daily with U.S. Social Security claims.
Conclusion
Deemed filing is one of those quiet Social Security rules that can completely change your strategy. The moment you are eligible for both retirement and spousal benefits in the same month, SSA will likely pay you the higher allowed amount and close the door to some older optimization tactics.
However, the door is not closed for everyone. Survivors, some people divorced after long marriages, and people who delayed filing before 2016 can still sequence benefits. And if you are filing after FRA, be very careful with retroactive months, because those months can “pull in” deemed filing earlier than you expected.
The safest path is to decide: “Do I want cash now or a higher check forever?” Then pick the filing month, retroactivity option, and benefit order that matches that goal — always checking whether deemed filing will jump in.