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Social Security Survivor Benefits after WEP/GPO Fairness Act - Can I get both deceased and disabled spouse benefits?

After 37 years of confusion with Social Security, I'm hoping someone can help me understand my options with the new WEP/GPO Fairness Act! My situation: - Lost my first husband in 1985 when I was 29, left with a 3-year-old son - Worked for county government my entire career (no SS withholding) - Retired in 2019 with my government pension - Applied for survivor benefits from first husband in 2019, was approved but got $0 due to GPO - First husband's benefit was calculated at approximately $1,350/month (he died young) - Remarried at age 61 to my current husband - Current husband became disabled in 2022 and receives SSDI of about $1,750/month With the WEP/GPO Fairness Act signed, I understand I'm now eligible for benefits, but I have so many questions: 1) When I get my first husband's survivor benefits, will they include all the COLAs since my 2019 application? They approved me back then but I got $0 due to GPO. 2) Since my current husband is on SSDI, am I eligible for spousal benefits on his record instead? Would that be 50% of his amount? 3) Can I choose whichever is higher between my deceased husband's survivor benefit and my disabled husband's spousal benefit? I called SSA but they said even employees don't have clear guidance until March. The rep suggested not applying for current spouse benefits yet as it might "confuse things." So confused and don't want to mess anything up!

I'm in a similar boat with the GPO mess! Worked for the state for 30 years and couldn't get my late husband's benefits even though I paid into SS for 15 years before switching to government work. One thing I learned from my local SSA office visit last week - they said to NOT file any new applications right now because it could mess up your existing file. Since you already have an approved application from 2019, you're in good shape. They'll just need to recalculate your benefit amount without the GPO offset. The agent told me they're expecting to start processing GPO adjustments in batches starting around May, with payments potentially beginning in June. She said people with existing approved applications (like you) will likely be processed first before new applicants. Also heard from someone at my retirement group that the retroactive payments might go back to January 2025 when the law took effect, but that's not confirmed yet. Cross your fingers! Hang in there - we've waited this long, we can wait a few more months to finally get what we deserve!

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Thanks for sharing your experience! It's reassuring to hear that existing approved applications like ours might be processed first. I was worried I'd have to start the whole process over again. The May/June timeline you mentioned matches what a few other people have said, so that seems like a reasonable expectation. And if there really are retroactive payments back to January, that would be amazing after all these years of getting nothing due to GPO. I'll definitely hold off on filing anything new and just wait for them to process the recalculation. Appreciate you sharing what you learned from your SSA visit!

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As someone who's been through the GPO nightmare myself, I can tell you that your situation is actually pretty straightforward once the new law gets implemented! You're absolutely right to focus on your first husband's survivor benefits - at roughly $1,350 plus all the COLAs since 2019, that's going to be significantly better than the 50% spousal benefit from your current husband's SSDI (which would only be around $875). Since you were already approved in 2019 but received $0 due to GPO, you're in the best possible position. SSA won't need to redetermine your eligibility - they'll just need to remove the GPO offset and start paying you the full amount with all the cost-of-living increases. I've heard similar timelines from multiple sources about implementation starting in May/June, so the March guidance should give you a clearer picture. The key thing is DON'T file any new applications right now - you don't want to complicate your existing approved claim. After decades of this unfair treatment, we're finally getting justice. Just a little more patience and you should start seeing those payments!

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This is so helpful to hear from someone who's been through the GPO situation! I'm relieved to know that my existing 2019 approval should work in my favor and that I won't need to restart the whole process. You're absolutely right about the math - the widow's benefit with COLAs is clearly the better option. I was second-guessing myself about whether to pursue spousal benefits instead, but everyone here has confirmed that the survivor benefit will be much higher. The May/June timeline seems to be what most people are hearing, so I'll plan accordingly. Thanks for the reassurance about not filing new applications - I was tempted to apply for spousal benefits "just in case" but I can see how that would just create confusion. After 6 years of getting $0 due to GPO, I can definitely wait a few more months to finally get what I'm entitled to. Really appreciate all the support and advice from this community!

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Before you file, you might want to gather these documents to make the process smoother: - Your birth certificate or passport - Your Social Security card (if available) - Your most recent W-2 or tax return - Direct deposit information (routing and account numbers) - Marriage certificate if you've been married Having these ready will help whether you complete the application in one sitting or save it to finish later.

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Thank you for the checklist! I have most of these documents readily available. I'll make sure to have everything organized before I start the application process.

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Just wanted to add one more consideration - if you're still working and earning income, make sure to factor in the earnings test. Even though you're past 70 and the earnings test no longer applies to you going forward, it could affect your retroactive benefits if you had significant earnings in the months you're claiming retroactively (August onward). The earnings test for 2024 is $59,520 annually ($4,960 monthly) for those who reached FRA. Since you're claiming retroactive benefits for months when you were working, SSA will need to verify your earnings for those months. Just something to keep in mind when you apply!

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That's a really important point about the earnings test that I hadn't considered! I have been working and earning a decent income, so I'll need to check if my earnings in August, September, and October exceed those monthly limits. Do you know if they prorate the annual limit ($59,520) for just the months I'm claiming retroactively, or do they look at my full year earnings? I want to make sure I understand this correctly before I apply.

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I'm also dealing with this exact IRMAA situation! Lost my job in May 2024 and just received my notice showing Part B premiums jumping from $174.70 to $279.90 for 2025. This thread has been incredibly helpful - I was also confused about which form to use since the letter mentioned SSA-561, but everyone here has made it clear that SSA-44 is the right choice for job loss situations. Reading through all these experiences is both reassuring and frustrating - reassuring to know the process works eventually, but frustrating to see how many of us are dealing with this same bureaucratic mess due to the two-year income lookback rule. It's ridiculous that people who've lost their jobs have to pay higher Medicare premiums based on income from when they were still working! I'm planning to complete the SSA-44 form this week and hand-deliver it to my local office first thing in the morning with my termination letter and final pay stub. The advice about getting a stamped receipt and being prepared to pay higher premiums for 2-3 months while they process everything is really helpful to know upfront. Thanks to everyone who shared their experiences! This community support is making what seemed like an overwhelming process much more manageable. It's amazing how much clearer everything becomes when you have real people explaining their actual experiences instead of trying to navigate confusing government websites alone.

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Hi Layla! I'm also new to this community but have been following this thread closely since I'm dealing with a nearly identical IRMAA situation. It's both comforting and infuriating to see so many of us going through the exact same thing! Your May 2024 job loss timing should work perfectly with the SSA-44 process - you have clear documentation of the qualifying life-changing event. Based on everything I've read here, the termination letter with exact date and final pay stub should be all you need for supporting documentation. The consensus from everyone who's been through this seems to be: get to the local office early (right when they open), hand-deliver the completed SSA-44 with your documents, and absolutely make sure you get that stamped receipt. Multiple people mentioned having their paperwork "lost" so that receipt seems crucial. It really is ridiculous that we're all paying higher premiums based on 2023 income when our circumstances changed dramatically in 2024. But at least this thread proves the system does eventually work, even if we have to endure a few months of higher payments first. Good luck with your filing! This community has been such a lifesaver for making sense of what seemed like an impossible bureaucratic maze.

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I'm going through this exact same situation right now! Lost my job unexpectedly in October 2024 and just received my IRMAA notice showing my Part B premium jumping from $174.70 to $244.60 for 2025. This entire thread has been absolutely invaluable - I was completely lost about which form to use until reading everyone's experiences here. It's incredibly helpful to see the clear consensus that SSA-44 is the correct form for job loss situations, not the SSA-561 that gets mentioned in some of the notices. The advice about hand-delivering to the local office early in the morning and getting that stamped receipt seems crucial based on what everyone's shared. I'm planning to get my SSA-44 completed this weekend and head to my local office first thing Monday morning with my termination letter and final pay stub. It's frustrating to know I'll need to budget for paying the higher premium for a few months while they process everything, but hearing that everyone eventually got reimbursed provides some comfort. What strikes me most about this thread is how many of us are dealing with the exact same issue - it really highlights how broken the two-year income lookback system is for people whose circumstances have changed dramatically. But the shared experiences here prove that persistence pays off and the process does work eventually. Thanks to everyone who took the time to share their stories! This community support is turning what seemed like an impossible bureaucratic nightmare into a manageable process with clear steps to follow.

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Hi Destiny! I'm also new to this community and dealing with a very similar IRMAA situation after losing my job earlier this year. This thread has been such a lifesaver - I was just as confused about the forms until everyone here clarified that SSA-44 is definitely the way to go for job loss situations. Your October 2024 timing should work well with the process since you have recent, clear documentation of the work stoppage event. The advice everyone's shared about getting to the local office early and getting that stamped receipt seems absolutely critical based on all the experiences shared here. It really is striking how many of us are going through this exact same situation! It definitely highlights how outdated and unfair the two-year lookback system is when people's lives change so dramatically. But seeing everyone's success stories gives me confidence that we'll all get through this bureaucratic maze eventually. The part about budgeting for a few months of higher premiums while they process everything is tough, but knowing that reimbursement comes through eventually makes it more bearable. Good luck with your filing on Monday! This community has made such a difference in understanding what seemed like an impossible process.

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I'm in a very similar situation and this thread has been incredibly helpful! I applied for my retirement benefits in mid-November 2024 with a February start date (turning 67 in January). It's now been about 11 weeks with just "processing" status online. What's been most frustrating is the lack of communication from SSA - no updates, no timeline, just "it's being processed" when I call. But reading everyone's experiences here, it sounds like 10-14 weeks is unfortunately becoming standard. The reassurance that FRA applications have a 99% approval rate and that benefits will be backdated really helps with the anxiety. I'm going to try that Claimyr service that Lily mentioned to see if I can get more detailed information about where my application stands. Has anyone else had success getting through to SSA using alternative methods besides the main 800 number? Thanks to everyone for sharing their timelines - it really helps to know we're not alone in this frustrating wait!

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I'm also dealing with the exact same situation! Applied in early December for March benefits (FRA at 67) and just hit the 10-week mark with no updates. This thread has been a lifesaver - I was starting to panic that something was wrong with my application. The lack of transparency from SSA is the worst part. When you're making such a huge life decision, "it's being processed" just isn't enough information. I might try visiting my local office in person like someone suggested, even though I know they're swamped too. It's oddly comforting to know so many of us are in the same boat right now. Hopefully we'll all start seeing approvals soon! Thanks everyone for sharing your experiences - it really helps with the stress of waiting.

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I'm experiencing the exact same frustrating situation! Applied for my retirement benefits in mid-November 2024 with a March 2025 start date (turning 67 in February), and I'm now at the 11-week mark with nothing but "processing" status online. What really gets to me is how unprepared I was for this kind of delay. Everything I read online said 4-6 weeks for retirement applications, so I planned my finances around that timeline. Now I'm scrambling to adjust my budget while waiting for benefits that should have been straightforward. The stories here about 13-14 week waits are both alarming and oddly reassuring - at least I know my application isn't lost in the system! I think I'll try that Claimyr service that was mentioned, since the regular SSA phone line has been completely unhelpful. Thanks to everyone for sharing their timelines and experiences. It's clear that SSA is seriously overwhelmed right now, and we're all just going to have to ride this out. At least knowing the benefits will be backdated helps with some of the financial anxiety.

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Ava, I completely understand your frustration about being unprepared for these delays! I'm dealing with something very similar - applied in December for April benefits and I'm at 9 weeks now. Like you, everything I researched suggested much shorter processing times. What's helped me cope is setting up a small emergency fund buffer specifically for this transition period, since we know the benefits will eventually come with full back-pay. I've also been checking my Social Security account every few days just to stay on top of any status changes. The Claimyr service sounds promising - let us know how it goes if you try it! It's honestly been such a relief finding this thread and realizing how many of us are going through the exact same thing right now. Hang in there!

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This has been such an informative thread! As someone who's been lurking here trying to figure out my own SS strategy, I wanted to thank everyone for sharing their real experiences - both the successes and the mistakes. Emma, it sounds like you're making a really smart decision to wait and explore other options. The math that Lucas and Grace laid out really drives home how much the early claiming penalty can cost over a lifetime. And Ezra's suggestion about remote work is brilliant - I hadn't thought about how retail management skills would translate to bookkeeping or virtual assistant roles. For anyone else reading this thread in a similar situation, one thing I'd add: don't forget to factor in cost-of-living increases when you're doing your breakeven calculations. SS benefits get annual COLA adjustments, so that higher base amount you get by waiting will compound over time with those increases. Also, if you're considering part-time work to bridge the gap, remember that earning some income (even part-time) can actually boost your SS calculation if it's higher than one of your lower-earning years in their 35-year average. Every little bit helps when you're trying to optimize your retirement income!

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Santiago, you make such an excellent point about the COLA adjustments! I hadn't even thought about how those annual increases would compound over time on a higher base benefit. That's another factor that makes waiting even more valuable in the long run. And wow, I didn't know that earning income later in life could actually boost your SS calculation if it's higher than some of your earlier lower-earning years. That's really encouraging to hear as I'm looking at part-time work options. So not only would part-time work help bridge our income gap, but it might actually improve my eventual SS benefit too? This whole thread has been like a masterclass in Social Security strategy. I came in thinking I had two options (claim early or drain savings), and now I'm seeing there are so many more creative approaches. The community knowledge here is incredible - thank you to everyone who shared their experiences, both good and bad. It's exactly what I needed to make an informed decision!

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This has been such a valuable discussion! As someone who works in Social Security disability advocacy, I see a lot of families struggling with these exact decisions. One additional consideration that hasn't been mentioned yet: if you have any health issues that might qualify you for Social Security Disability Insurance (SSDI), that could be another path to explore while you're between 62 and your FRA. SSDI benefits aren't reduced for early claiming like retirement benefits are, and if you're approved, those benefits would automatically convert to unreduced retirement benefits when you reach your FRA. Given that you mentioned being laid off and having trouble finding work, it might be worth evaluating if any health conditions (physical or mental, including depression/anxiety from job loss) could qualify you for disability benefits. Even if it seems like a long shot, a consultation with a disability attorney or advocate might be worthwhile - most work on contingency so there's no upfront cost. This obviously isn't the right path for everyone, but it's another option to consider as you explore alternatives to early retirement claiming. The fact that you're taking time to research all your options before making this permanent decision shows great financial wisdom!

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That's a really thoughtful suggestion, Javier. I hadn't considered the SSDI angle at all. While I don't have any obvious physical disabilities, the stress and anxiety from the job loss and financial uncertainty has been pretty overwhelming. I've been putting off dealing with it, thinking I just need to "push through," but maybe it's worth at least exploring if there are mental health aspects that could qualify. The fact that SSDI benefits aren't reduced like early retirement benefits is really interesting - I had no idea about that distinction. And knowing that they automatically convert to full retirement benefits at FRA makes it seem like there's no downside to at least investigating this option. Do you have any advice on how to find a reputable disability attorney or advocate? I'm a bit nervous about the process, but if there's no upfront cost and it's another potential bridge to getting us to my FRA without claiming early, it seems worth exploring. Thanks for bringing up this option - it's not something I would have thought of on my own!

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