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I've been doing a ton of research on this. From what I understand, with WEP, you'll get reduced SS benefits, not zero. The exact amount depends on how many years you paid into SS. With 40 credits and 20+ years, you're in better shape than most teachers who only worked a few years under SS before teaching. There's actually legislation proposed almost every year to reform or eliminate WEP, but it never seems to pass. The Social Security Fairness Act would repeal both WEP and GPO, but who knows if it'll ever happen.
I've heard about that legislation too! Do you know if there's any real chance of it passing in the next year or two? That would completely change my retirement calculations.
Another Texas teacher here. One important thing nobody's mentioned: If you keep working in a SS-covered job AFTER starting your TRS pension, those earnings are still subject to WEP, but they're calculated differently. In my case, I retired from teaching but work part-time as a consultant. That income still counts toward Social Security, and if I work enough years, it could eventually help reduce my WEP penalty further. The most accurate way to get your personal estimate is to contact SSA directly. I know it's frustrating with the wait times, but you need someone to calculate your specific situation. I used Claimyr.com to bypass the hold times and got connected to an agent in under 5 minutes. Worth every penny because I was able to get exact figures for my planning.
That's a really good point about post-retirement work. I was planning to do some consulting after I retire from teaching, and I hadn't considered how that might affect the WEP calculation. I appreciate everyone's help - this forum has given me much better information than I've gotten anywhere else!
did u get guardianship yet??? my friend waited to long and had all kinds of problems because technically her son could make his own decisions at 18 even tho he obviously couldn't really. the SSA made her start the application all over when she finally got guardianship
Based on your updates in the comments, it sounds like you're on the right track. To summarize what you need to do: 1. Call SSA immediately to set up an appointment (use the Claimyr service if you have trouble getting through) 2. Request a specialist in Disabled Adult Child benefits 3. Bring organized medical records, birth certificate, guardianship paperwork 4. Specifically ask for a protected filing date 5. Clarify that you want DAC benefits, not regular SSDI Once approved, her benefits should continue seamlessly, and likely at a higher amount than she currently receives. The benefit will continue indefinitely as long as she remains disabled and doesn't marry (there are marriage restrictions with DAC benefits).
Wait - there are marriage restrictions?? I hadn't heard about that. She's nowhere near that stage of life, but I should understand all the rules. Does that mean she would lose benefits if she ever got married in the future?
Yes, unfortunately DAC benefits generally terminate if the beneficiary marries, unless they marry someone who is also receiving certain types of Social Security benefits. It's one of those outdated rules that hasn't been updated. There are occasional exceptions, but it's definitely something to be aware of for future planning.
I'm confused about something... if her husband was only 57 when he died, and she's turning 60 next month, and she says it was 7 years ago... something doesn't add up with the math?? Wouldn't he have been 50 when he died if she was 53 then and is turning 60 now?
btw you dont have to wait til 67 if you dont want to. you can take reduced benefits at 60 if you need the money now. its like 70% of the full amount i think
Something nobody mentioned is that even if you can't get the benefits now because of the earnings test, you should still APPLY for them! If you're eligible for survivor benefits, applying establishes your eligibility even if you don't receive payments right away. Then when your income changes or you reach FRA, you don't have to go through the whole application process again.
This is excellent advice. Filing now preserves your filing date, which can be important for various reasons. Just make sure to clearly explain your work situation so they can properly apply the earnings test. Then when your situation changes, you just need to notify SSA rather than filing a new application.
i got so confused about all this that i paid for a consultation with a financial advisor who specializes in social security. cost me $300 but honestly it was worth it because this stuff is COMPLICATED!! especially with the survivor stuff and working while collecting. might be worth looking into?
That's not a bad idea. Did you find someone local or use an online service? I'd be interested in getting a recommendation if you were happy with them.
I used someone local that my brother recommended. Just make sure they actually specialize in SS benefits because my regular financial guy didn't know half this stuff!
Is anyone going to mention how terribly designed this system is? This poor woman did everything right - she reported her marriage, asked about her benefits, and followed the information she was given BY THE SSA. Now she's facing thousands in repayments because THEIR EMPLOYEE gave her wrong information? The fact that different SSA reps give different answers to the same question shows how broken the system is. OP, I'm really sorry you're dealing with this madness.
While I agree the system can be frustrating, there are actually good reasons for some of these rules. The survivor benefit is designed to provide financial support to replace the lost income of a spouse. When someone remarries, the presumption is they now have another source of support. The child benefit continues because the child has still lost their parent regardless of the surviving parent's marital status. That said, the SSA absolutely needs to provide better training to ensure consistent and accurate information.
Am I the only one wondering why she's been getting benefits at all? You have to be retirement age to get social security, right? I'm confused.
Social Security provides several different types of benefits. Retirement benefits are just one type. Survivor benefits are paid to widows/widowers and dependent children when an insured worker dies, regardless of the survivor's age. These benefits are based on the deceased person's work record and what they would have received in retirement benefits. Children can receive survivor benefits until age 18 (or 19 if still in high school), and a surviving spouse caring for their children under 16 can also receive benefits. There are also disabled adult child benefits and several other specialized situations.
My neighbor said he just took cash payments for his consulting after he started SS and didn't report it lol
I had another question about this - if I file for benefits mid-year, does the earnings limit apply to all my earnings for the entire year, or just what I earn after I start receiving benefits?
Great question. In your first year of retirement, SSA can use a monthly earnings test rather than the annual test. This means they only count earnings in months after you've officially "retired" (started benefits). You could earn more than the annual limit before retirement, but as long as you stay under the monthly limit ($1,890 in 2025) for each month you're receiving benefits, you'd be fine. Make sure to specify you want the monthly test when you apply!
That's incredibly helpful! So I could potentially earn well over the annual limit in the first part of the year, then start benefits and keep my monthly earnings under $1,890 for the rest of the year? That makes my planning much easier.
not related to WEP but my SS application took 4 months to process so just be patient. they're really backed up right now
One more thing to add - make sure to create and monitor your my Social Security account online. You'll be able to see when your claim is processed and check that the benefit amount seems correct based on your earnings history. The WEP formula used to reduce benefits by up to 50% of your non-covered pension amount (with a maximum reduction of $534 in 2025), so you can roughly calculate what your benefit should be without that reduction. If the numbers don't add up when your claim is processed, you'll have documentation to support your request for correction.
One more important thing nobody mentioned - when your ex passes away, you'll need his Social Security number to file for survivor benefits. If you don't have it or don't remember it, the SSA can usually find his record using his name and date of birth, but having the SSN makes the process much smoother. Also, you'll need to provide his death certificate when you apply, so keep that in mind for when the time comes.
my mom got my dads full benefit when he died and they were married when he passed but she had to be 60 to get it i think. they told her if she remarried she'd lose it so she never did even though she had a boyfriend for 15 years lol
Your mom's situation is slightly different since she wasn't divorced. For widows/widowers, remarriage before age 60 prevents eligibility for survivor benefits on the deceased spouse's record. If someone remarries after age 60, they can still collect survivor benefits from their deceased spouse. This is why some people in long-term relationships choose not to legally remarry - to preserve their survivor benefits.
I don't understand why everyone is talking about survivor benefits... if they were divorced isn't it just regular spousal benefits on his record? My aunt gets benefits from her ex-husband and he's still alive so I'm confused why this is different????
The OP mentioned her ex-husband passed away, which makes this a survivor benefit situation, not a spousal benefit. When a former spouse is alive, you can receive up to 50% of their benefit amount (if you were married 10+ years). When they pass away, you can receive up to 100% of their benefit as a survivor benefit. These are two completely different benefits with different rules and payment amounts.
Layla Mendes
Just to provide some additional information: The POMS (Program Operations Manual System) section SI 00835.160 is what covers the 'sharing household expenses' rules. It still explicitly includes food in the calculation. Here's the official policy: "A person is considered to be living in another person's household and receiving ISM in the form of food and shelter if: - The person does not pay their pro rata share of the household operating expenses for food and shelter, or - The person pays less than their pro rata share of the household operating expenses for food and shelter." However, I've heard some field offices are streamlining the process by focusing primarily on shelter costs since those are the largest expense and easiest to document. This might explain the inconsistent information your caseworker provided.
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Ethan Anderson
•Thank you for citing the exact policy! This confirms what I thought. I'm going to print this out before our next appointment. If they're willing to approve the fair share calculation based just on rent/utilities, that's great, but I want to be prepared in case they change their mind.
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Chloe Boulanger
One more thing to consider - if your sister buys and prepares her food separately from your mom, that could be why they're not concerned about the grocery calculation. The rules are different if someone purchases their own food versus sharing household food expenses.
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Ethan Anderson
•That's an interesting point. They do share some groceries, but my sister also buys a lot of her own food. Maybe that's influencing how they're approaching this. The whole SSI system is so complicated!
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