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Update: I should have mentioned that for self-employment income specifically, there's a lag time because the SSA doesn't receive your earnings information until after you file your tax return. If you filed extensions, this could delay the AERO process. For complicated cases like yours with both WEP and ongoing self-employment, it's best to speak directly with a Technical Expert (TE) at SSA, not just a regular claims representative. When you call, specifically request to speak with a TE who specializes in WEP calculations.
That's a great tip! I did file an extension this year, so that probably explains part of the delay. I'll specifically ask for a Technical Expert when I call.
IMPORTANT QUESTION: Are you also subject to GPO (Government Pension Offset)? That's different from WEP and applies to spouse/survivor benefits. The combination of WEP and GPO can be really complex. Just making sure you're aware of both if they apply to your situation.
Thankfully no - I'm not eligible for any spousal benefits so GPO doesn't apply in my case. But you're right that the combination would make things even more complicated!
Just wondering but does anyone know if she can still get spousal benefits if her ex passes away? Would they convert to survivor benefits? My friend is in a similar situation.
Yes, if the ex-spouse passes away, divorced spouse benefits convert to divorced survivor benefits, which can be up to 100% of what the ex was receiving (or would have received). The 10-year marriage rule still applies, but survivor benefits are substantially higher than spousal benefits. There are different rules about when to claim them though, as survivor benefits can be taken as early as age 60.
btw they're going to ask for your bank account info for direct deposit so have that ready for your appointment!!
The whole Social Security system is designed to confuse people and deny benefits!! I spent TWO YEARS fighting for my son's disability benefits while working with an advocate. Your granddaughter is ENTITLED to whichever benefit is higher - her father's or yours. But the SSA won't automatically check this for you. You need to specifically request a benefit comparison calculation. BUT - and this is the critical part everyone misses - if her survivor benefits go up even slightly, she could lose Medicaid which would be DEVASTATING for a child with autism and medical needs. The system is cruel that way. I would: 1) Check with Medicaid FIRST about income limits 2) Set up an ABLE account as mentioned by others 3) Consider a special needs trust for any inheritance planning 4) Get EVERYTHING in writing from SSA
Thank you for this passionate response. I definitely feel the system is working against us sometimes. I'll follow your advice on checking with Medicaid first, that seems to be the consensus here. And getting everything in writing is something I wouldn't have thought of - that's excellent advice.
one thing nobody mentioned - make sure ur doing guardianship paperwork before she turns 18!!! we didnt realize we needed that and it was a NIGHTMARE when my nephew turned 18 even tho he functions like a 7 yr old
Oh my goodness, that's something I hadn't even considered yet. She's only 13 but I should definitely start learning about guardianship requirements now. I appreciate you bringing this up!
Calling SSA directly would clear this right up, but good luck getting through to them! I spent DAYS trying to reach someone when I had a similar question about my husband's and my benefits. Always busy signals or disconnects after waiting on hold forever.
I feel your pain! I had the same issue trying to reach SSA about my spousal benefits. After getting nowhere for weeks, I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it to finally talk to someone who could answer my specific questions. The agent explained exactly how the spousal benefit calculation would work in my situation and confirmed I was eligible for the higher amount.
Thank you everyone for all the helpful responses! I understand now that my husband had it completely backwards. He cannot claim on my record, especially since my benefit would be lower than his. I'm the one who could potentially receive spousal benefits. I think I'll wait until I'm closer to my full retirement age before filing since I'm still working part-time anyway. That way I can avoid both the early filing reduction and the earnings limit penalty. I appreciate all the clear explanations!
I was affected by WEP too after 25 years of teaching in Texas. What worked for me was mailing in the Direct Deposit form with a copy of a voided check. Took about 3 weeks to process but I got a confirmation letter. Just google "SSA-1199 form" to download it. My brother tried the phone for weeks with no luck, but my mailed form worked first try.
That's interesting! Did you mail it to your local office or to a central processing center? I like the idea of having a paper trail too.
I sent it to my local office (address on the SSA website when you search by zip code). I also included a brief cover letter explaining I was a WEP-affected teacher wanting to establish direct deposit for future payments. Make sure to include your SSN and contact phone on the letter!
UPDATE: We took everyone's advice and tried multiple approaches simultaneously. We mailed in the SSA-1199 form with a voided check, AND used the Claimyr service mentioned above to get through by phone. The phone method worked fastest - got us connected to an agent in about 25 minutes, and they set up the direct deposit immediately. They confirmed it's now in the system and ready for any future payments or backpay if the WEP reform goes through. Thank you all for your help!
DID THEY TELL YOU WHEN THE WEP REFORM WILL ACTUALLY HAPPEN??? Or are they just stringing us along AGAIN like they've done for 20+ YEARS???
The agent couldn't provide any specific timeline on WEP reform since it's still pending legislation. She did confirm that IF it passes and IF we're eligible for adjusted payments, they'd automatically process everything once the direct deposit was set up. At least we're prepared now regardless of what happens with the legislation.
Does anyone know when these changes actually start? I heard 2025 but not sure exactly when during the year?
suppsed to be January 2025 for the WEP changes but govt always takes longer than they say lol
I just remembered something IMPORTANT! If you have 30+ years of "substantial earnings" under Social Security, you might be COMPLETELY EXEMPT from WEP even under the current rules!!!! You should check if your 35 years of SS work all count as "substantial earnings" - the threshold changes each year. For 2023 it was around $28,050 I think?? If you have 30+ substantial years you might not even need to worry about WEP at all!!!!
Oh that's a great point! I'll have to look at my earnings record and see if I have 30 years above that threshold. Some of my early teaching years at the private school probably had lower salaries, but my corporate years were all well above that amount. This gives me another avenue to check. Thank you!
I wanted to update everyone - I finally spoke with someone at SSA yesterday using that Claimyr service (which worked amazingly well!). The representative confirmed what you all said - both my mom and stepmom can receive their full survivor benefits without splitting them. They'll each need to apply separately. My mom will apply for divorced spouse survivor benefits, and my stepmom for widow benefits. The rep also suggested they both schedule individual appointments to discuss their optimal filing strategies since they have their own work records to consider too. Thanks everyone for your help during this difficult time.
I'm so glad you got the confirmation directly from SSA! That must be a relief for both your mom and stepmom. Just one more tip - make sure they both bring plenty of documentation to their appointments: marriage certificates, your father's death certificate, their birth certificates, and if possible, information about your dad's Social Security benefit amount. Good documentation makes the process much smoother.
My cousin had to fight for MONTHS to get her survivor benefits!!! She was married for 22 years but SSA kept saying they couldn't "verify" the marriage even tho she had the certificate!!! Make sure both ladies bring EXTRA copies of EVERYTHING and get names of EVERYONE they talk to!!!
Same here! They lost my paperwork twice and I had to start over. Definitely get names and direct numbers if possible. And keep a log of every conversation with times and dates. Helped me so much when I had to reference previous calls.
Regarding the earnings test: Any benefits withheld are not permanently lost. Once you reach your Full Retirement Age, SSA will recalculate your benefit amount to credit you for the months when benefits were withheld. At your current $28,000 annual income, approximately $2,640 would be withheld annually from your survivor benefits (($28,000 - $22,720) ÷ 2). This effectively means you'd lose about 1-2 months of benefits per year until you reach your FRA. Also, I recommend requesting an appointment specifically with a Technical Expert or Claims Specialist who specializes in survivor benefits, rather than speaking with a general Service Representative. Their knowledge of the complexities of survivor benefits tends to be more comprehensive.
Ohhh I didn't know they pay you back the withheld $ later! That would have changed my decision probably. See this is why SSA is so frustrating, even when you go in person they don't tell you everything you need to know!!
DON'T TRUST WHAT THEY TELL YOU AT THE FIELD OFFICE!!! My mom was a widow and they told her THREE DIFFERENT THINGS on three different visits! The entire survivor benefit system is designed to confuse people so they take a lower amount than they're entitled to. ALWAYS get a second and third opinion before filing any paperwork. The rules are intentionally confusing and most SSA employees don't understand them correctly!!!
That's concerning. Did your mom eventually get the correct information? I'm definitely going to request a different representative next time and ask specifically for someone who specializes in survivor benefits.
Regarding your question about employer health insurance contributions being counted as income: Unfortunately, if it's included in Box 1 of your W-2 as taxable wages, SSA will count it toward the earnings test. However, there might be a solution. You mentioned these are Marketplace plans - typically employer contributions to Marketplace plans shouldn't be included as taxable income if it's a qualified benefit under a Section 125 cafeteria plan. You may want to speak with your employer's HR department or a tax professional about whether your W-2 is being prepared correctly. If it's being reported incorrectly, getting this fixed could reduce your countable income by $7,500, which would save you about $3,750 in benefits that would otherwise be withheld due to the earnings test ($1 reduction for every $2 over the limit).
That's incredibly helpful! I'll definitely speak with our HR department. The whole situation seemed odd to me - I don't believe my coworkers have their employer-paid portion added to their W-2 income. It doesn't seem right that health benefits would count as "earnings" for the SSA earnings test. If I can get this corrected, it would make a significant difference in my benefit amount.
i saw someone else ask about the family max and the worker at ssa told them the max is different for survivors than for retirement! did u know that?? for survivors its like 180% of the basic benefit sometimes not the 150% they usually say
That's actually correct. The family maximum calculation is different for survivor benefits than for retirement/disability benefits. For survivor benefits, the family maximum is generally 150% to 180% of the deceased worker's basic benefit amount, depending on their earnings record. The exact formula is: - 150% of the first $1,536 of the deceased's PIA (Primary Insurance Amount), plus - 272% of the PIA over $1,536 through $2,218, plus - 134% of the PIA over $2,218 through $2,893, plus - 175% of the PIA over $2,893 So higher earners might have a family maximum closer to 175-180% rather than just 150%. This is why it's so important to have SSA calculate your specific situation rather than relying on general rules of thumb.
McKenzie Shade
does anyone know if it matters what day of the month you apply? like is it better to do it at the beginning of May vs the end of May if targeting September benefits?
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Romeo Quest
•The day of the month doesn't significantly impact processing times for retirement benefits. The important part is selecting the correct month when you want benefits to begin (September 2025 in the original poster's case). However, as a general best practice with any government system, I'd recommend applying earlier in the month rather than later, simply to avoid any end-of-month processing backlogs or system maintenance issues that occasionally happen.
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Lydia Santiago
Thanks everyone for all the helpful advice! I'm going to apply in early May, which will be about 4 months before my September eligibility. I'll make sure my mySocialSecurity account is up-to-date first and have all my documents ready. One more question - does anyone know if I need to provide my birth certificate even if I'm applying online? I have a passport, but my original birth certificate is in a safety deposit box that's not very convenient to access.
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Caden Turner
•If you're a US citizen and already have a mySocialSecurity account that's been verified, you typically won't need to submit your birth certificate with an online application. Your passport is actually a stronger form of ID anyway. However, keep in mind that SSA might request additional documentation if there are any discrepancies in their records. I always recommend having these documents accessible just in case, but you likely won't need to upload them with your initial application if you're applying online with an established account.
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Lydia Santiago
•Perfect, thank you! That makes things much easier.
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