F. Policy - Deemed Filing Provision
A claimant who is entitled to reduced RIB and reduced spouse's benefits must file for both benefits if eligibility for both benefits exists in the first month of RIB or AUXSPO entitlement. This deemed filing rule also applies when totalization benefits are involved (GN 01701.000
). The claimant who is entitled to reduced RIB and reduced spouse's benefits must
file for totalization benefits if he/she wants to receive any social security benefits. (See DI 11015.001
for instructions on handling a surviving divorced spouse claim based on the DWB provisions in Section 5103 of P.L. 101-508.) The deemed filing rule applies to:
- All reduced spouse's benefits, including independently entitled divorced spouse's benefits, on all SSNs;
- An SSA-25 (Certificate of Election for Reduced Spouse's Benefits); and
- A reduced spouse whose entitlement to DIB terminates before FRA.
If a RIB applicant is eligible for reduced spouse's benefits on more than one record, he/she must file for benefits on all records.
a. Child In Care
A claimant who is between the age of 62 and FRA, has in his/her care a child (under age 16 or a disabled adult child) of the NH who is entitled to child's benefits, and is filing for spouse's benefits is not deemed to have filed for reduced RIB. He/she may exclude RIB from the scope of the application for spouse's benefits by a clear declination.