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Social Security survivor benefits after GPO repeal - will I get my ex-husband's full benefit even though he was on SSDI?

I'm really confused about what survivor benefits I'm entitled to now that the GPO might be repealed. I'm 66 and finally visited SSA last week after avoiding them for years. Back when I was 62, I went to ask about survivor benefits from my ex-husband who passed away at 59. The agent basically laughed me out of the office saying I'd get nothing because of my teacher's pension (GPO) and didn't even bother putting anything in the system. Now with this potential GPO repeal, I made another appointment. This agent was much nicer and signed me up to receive the reduced amount (with GPO still applied). She also backdated it 6 months since I'm past my FRA. I brought all my documentation showing I have my own 40 quarters from jobs before teaching, plus my ex-husband's death certificate and our marriage records (we were married 12 years). Here's what's confusing me - my ex was receiving SSDI when he died. The agent told me that once Biden signs the GPO repeal bill, I'll get 100% of what he would have received at full retirement age, not the SSDI amount he was actually getting. Everything I've read says survivors only get what the deceased was actually receiving. I specifically asked about this, and she insisted I'd get his full retirement amount, not his SSDI amount. I already got a call saying my application was approved, but I'm worried I'll end up with an overpayment later. Does anyone know which is correct? Will I get what he would have received at full retirement age, or just his actual SSDI payment amount?

I think everyone's making this too complicated lol. Here's the simple version: if he was on SSDI when he died, that's the same amount as full retirement. SSDI payments aren't reduced like early retirement is. So you'd get that full amount after GPO repeal (if it happens). But honestly don't get your hopes up about the repeal, they've been promising that forever.

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Thanks for putting it simply! So SSDI is the same as what he would've gotten at full retirement age? That makes sense. And yeah, I'm not counting on the repeal, but it would be nice!

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Has anyone heard when the House will vote on the GPO repeal? My pension from teaching for 31 years is eating almost ALL of my late husband's SS benefit and I'm struggling to make ends meet!!

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The House schedule isn't certain yet. The Senate passed it as part of the Social Security Fairness Act, but there's still significant legislative process ahead. I'd recommend following the National Association of Retired Federal Employees (NARFE) website as they post regular updates on the progress of the GPO/WEP repeal efforts.

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My sister was in exact same situation!!!! Her husband got NOTHING extra even though she made WAY more than him their whole marriage. The whole system is rigged I swear. They should change it so spouses get the higher amount period!!!!

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TechNinja

While it may seem unfair, the system is designed to provide retirement security while balancing costs. Each spouse earns their own benefit based on their 35 highest earning years. The spousal benefit (up to 50% of the higher earner's PIA) is meant to ensure non-working or lower-earning spouses have minimum support, not to equalize benefits between spouses. The real value comes in survivor benefits, where the surviving spouse can switch to the higher earner's full benefit amount.

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Thank you everyone for your helpful explanations! I understand now that my husband won't receive any additional spousal benefits since his own benefit already exceeds 50% of what my Primary Insurance Amount would be at full retirement age. I'm going to look into whether it makes sense for me to delay claiming beyond 62 for survivor benefit purposes as someone suggested. Really appreciate all the insights!

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That sounds like a good plan. Consider getting a personalized analysis from SSA directly about your specific situation. And definitely investigate the survivor benefit implications - that's where delaying the higher earner's benefits can really pay off in the long run. Best of luck with your retirement planning!

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I had 2 strokes and it took 10 months to get approved but I was 62 so maybe that's different? Is she getting any kind of help while waiting? My church helped me with bills and food banks were my lifesaver!!

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She's getting by on savings right now, but they're dwindling fast. I didn't think about food banks - that's a good suggestion. And I believe being 62 does make the approval process somewhat easier from what I've read. Glad you got approved!

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After calling literally 47 TIMES over 3 days trying to get an update on my disability review, I finally used Claimyr (claimyr.com) and got through in under an hour. If your sister needs to actually speak to someone at SSA about her case status, it's worth checking out. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Also - make sure she checks her online mySocialSecurity account DAILY! Sometimes they'll request additional info and only give a short window to respond, and the mailed notices often arrive AFTER the deadline!

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Great tip about checking the online account daily - I'll make sure she does that! I've heard her mention trying to call SSA multiple times without getting through, so I'll definitely share the Claimyr info with her. Anything to reduce stress during this difficult time.

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Social Security Field Office Manager here. Let me clarify our current appointment policy: 1. We ARE booking appointments, but they're prioritized based on case urgency 2. You should specifically request a "limited in-person appointment" when calling 3. Explain that your issue requires original document verification 4. Ask for a Technical Expert if your case involves benefits calculation issues If you're having trouble getting through on the 800 number, call your local office directly during less busy times (Wednesday or Thursday afternoons typically have shorter wait times). You can find your local office direct number here: https://secure.ssa.gov/ICON/main.jsp

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Amina Bah

Thank you so much for this detailed information! I didn't realize I could call my local office directly - the automated line never gave me that option. I'll try calling them tomorrow afternoon and specifically ask for a limited in-person appointment.

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By the way, if you DO get through to someone who won't help, just hang up and call again. Different agents have different levels of helpfulness. I had to call 3 times before I got someone who actually knew how to schedule an appointment correctly. The first two just read from scripts saying they couldn't help me.

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THIS IS THE TRUTH!!! It's like a lottery which agent you get!! Some actually want to help and others just want you OFF the phone fast as possible!!

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one more thing - make SURE they understand ur wanting to take ONLY the widow benefit and let ur own retirement benefit grow until 70. sometimes they dont understand that and put u on retirement benefits instead of widows if that's higher. happened to my sister and it was a nightmare to fix!!

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Oh no, I didn't even think about that! That's exactly what I want to do - take husband's now and switch to mine at 70. I'll make sure to be super clear about that. Thanks for the warning.

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To clarify a key point here: Widow(er) benefits reach their maximum at your FRA - not before. If the SSA told you you'd get the full amount before your FRA, that information is incorrect. What makes this particularly important in your situation is that you're planning the common strategy of taking reduced survivor benefits while letting your own retirement benefit grow until age 70. This is often the optimal approach for widows/widowers with strong earnings records. I recommend calling the SSA back and specifically asking these questions: 1. What exact percentage of my deceased husband's benefit will I receive starting in May 2026? 2. When exactly will my survivor benefit reach 100% (this should be your FRA month)? 3. Can they document this information in writing for your records?

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Thank you for this detailed explanation and the specific questions to ask. I'll write these down exactly as you've phrased them and call back tomorrow. Having the right questions makes such a difference when dealing with complicated benefits!

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The whole WEP/GPO repeal is just political theater anyway. They've been promising to fix this for TWENTY YEARS. I'll believe it when I see the money in my bank account. Even if it passes, SSA will find some way to mess up the implementation. Their computer systems are from the 1980s!

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agree this has been on and off for years but looks like it might actually happen this time

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To address your specific question about timing: Based on the current version of the legislation, there will likely be a phased implementation over several years, not an immediate full repeal. This means your mother's benefit increase may be gradual rather than jumping immediately to the full amount. If the bill follows the pattern of recent proposals, beneficiaries already on Social Security should see adjustments automatically applied according to the implementation schedule. SSA will likely send notices explaining the changes and timeline. I would recommend watching for official SSA guidance after the bill is signed, then calling to verify they have your mother's information correctly recorded in their system. This ensures she'll be included in any automatic adjustments.

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Thank you for this clarification. I hadn't realized it might be phased in rather than an immediate change. That makes sense though given the number of people affected. I'll definitely watch for the official guidance.

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I dunno why everyones making this so complicated. Just report EXACTLY what the 1099s say. SSA sends separate 1099s for your benefit and each kid. Medicaid can see whose SSN is on each form. Thats it! Just show them the paperwork!

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This! ^^ Exactly right. Let the paperwork speak for itself and don't overthink it.

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Update: I finally got through to someone at Medicaid who seemed to really know what they were talking about. They confirmed that my children's survivor benefits are NOT counted towards MY income for Medicaid eligibility purposes! They are considered the children's income. However, they said I should bring all the award letters showing the separate payments to my in-person appointment. Thank you everyone for your help - this forum saved me so much stress!

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So happy for you!!! It makes such a difference when you get someone who actually knows the rules!!!

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How long after SSDI hearing does Social Security take to make a decision? Still waiting after 2 months

I finally had my disability hearing with an Administrative Law Judge back in March (after waiting 15 months just to get the hearing scheduled). It's now been almost 2 months since the hearing, and I still haven't received any decision. My lawyer says this is "normal" but I'm getting really anxious. My savings are almost gone, and I can't keep borrowing from family.Does anyone know how long Social Security typically takes to issue a decision after an ALJ hearing? Is there any way to check the status besides calling the hearing office? When I try calling, I just get a recording saying they're experiencing high call volume. My online account just shows my application is still pending.I thought the judge seemed sympathetic to my case (spinal fusion complications + fibromyalgia), but now I'm worried the delay means he's going to deny me. Any insights from people who've been through this?

btw dont think bad news just cuz its taking forever. my friend got approved but waited like 4 months after hearing. i got denied and only waited 6 weeks. its random i think

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Thanks for sharing that - it helps to know there's really no pattern to it. The uncertainty is just so hard to deal with.

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When I was figuring all this out last year I made a spreadsheet with different income scenarios to see how much more tax I'd pay on my benefits at different income levels. It was eye-opening! Even though there's no benefit reduction after FRA, the tax bite can be significant if you have a good job. Worth doing the math before you decide how much to work.

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That's a really smart idea about creating a spreadsheet. I'm going to do that this weekend to see exactly how different income levels might affect my overall situation. Better to know in advance than be surprised at tax time!

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my cousin kept working full time after FRA and his benefit went up like $75/month after two years... not life changing but hey free money right?? lol

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This stuff is so confusing! I'm 58 and my husband is 64. I'm trying to understand what happens if he passes away before I reach retirement age. Would I have to wait until my full retirement age to get his full amount? Or can I take reduced survivor benefits early? Sorry to hijack your thread but this all seems related.

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You can actually claim survivor benefits as early as age 60 (or 50 if disabled), but they would be reduced for claiming before your FRA. At 60, you'd receive about 71.5% of your husband's benefit. Each month you wait after 60 increases the percentage until you reach 100% at your FRA. You also have the option to claim survivors benefits first and then switch to your own retirement benefit later if that would be higher.

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Thank you all for the helpful responses. I've learned a lot, especially about the widow's limit provision that I need to specifically ask about. I'm going to try to reach SSA again with these specific questions. And if I have trouble getting through, I might try that Claimyr service someone mentioned. I'll update here if I find out anything that might help others in my situation.

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