Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.

I went through this exact same situation last year! I was so worried about answering that question wrong on my application. I receive part of my ex-husband's teacher retirement pension through our divorce settlement, and I was terrified it would mess up my own Social Security benefits. After reading through all the paperwork carefully and talking to a SSA representative, I confirmed that since it was HIS employment where he didn't pay into Social Security (not mine), it doesn't affect my benefits at all. I answered "No" to that question and had zero issues. The key thing to remember is they're asking about YOUR work history, not pensions you receive from someone else's work. Good luck with your application!

I want to add something important that hasn't been mentioned yet - make sure you understand how Medicare eligibility works in your situation. Since you've been on SSDI for 15 years, you've likely been eligible for Medicare since your 27th month of disability. When you reach 65, you'll automatically be enrolled in Medicare Part A and B (unless you opted out of Part B). If you do end up getting any additional Social Security benefits through divorced spouse benefits, it won't affect your Medicare eligibility, but it's worth understanding how your Medicare premiums are calculated. Also, if your LTD policy has been paying you for 15 years, check if there are any policy provisions about when those benefits might change or end. Some policies have maximum benefit periods or change at certain ages (like 65). This could actually make any potential Social Security increase more meaningful if your LTD payments are set to reduce or end. It's a lot of moving pieces, but getting a clear picture of all your benefits and how they interact will help you make the best decisions as you approach retirement age.

I've been through a similar situation with divorced spouse benefits while on SSDI. One thing that helped me was creating a spreadsheet to track all the different benefit amounts and how they interact - your current SSDI, estimated spousal benefit, LTD payments, and any offsets. It's also worth noting that if you do apply for divorced spouse benefits, SSA will automatically calculate which option gives you the higher payment each month. You don't have to choose between them - they'll pay you whichever amount is greater. Since you mentioned your ex plans to retire at 65, I'd suggest calling SSA about 6 months before his 65th birthday to start the process. Even though the math suggests you won't get additional money, having the application on file protects you if his actual benefit ends up being higher than expected, or if your LTD situation changes. The worst that happens is SSA confirms you're already getting the higher benefit amount. Also, keep copies of all your communications with both SSA and your LTD insurer about any benefit applications - it can save you headaches later if there are questions about timing or eligibility.

Thank you all for the helpful information! I'll definitely bring my W-2 when I apply and make sure to mention that my 2024 earnings might not be showing up yet. I'll also keep track of everything and follow up in a few months if I don't see an adjustment. This is all really useful advice!

One more tip - you can also check your earnings record online at ssa.gov by creating a my Social Security account if you don't already have one. This way you can monitor when your 2024 earnings actually show up in the system. I check mine every few months and it's been really helpful to see when new earnings get posted. Plus having that account set up ahead of time can make the application process smoother since you'll already have access to all your earnings history and benefit estimates.

I'm really sorry you're dealing with this incredibly stressful situation. From what I understand, your current benefit reduction is likely because you were receiving spousal benefits in addition to your own retirement benefit, and when your husband became incarcerated, that spousal portion was suspended. The good news is that several people here have correctly pointed out that widow's benefits work differently. If your husband passes away while incarcerated, his imprisonment status at the time of death won't affect your eligibility for survivor benefits. You would potentially receive his full $2870 monthly benefit since you're already at full retirement age. I'd also suggest documenting everything now - keep records of the benefit reduction notice you received, your husband's benefit amount, and any correspondence with SSA. This will help when you need to apply for survivor benefits in the future. Have you considered reaching out to your local Area Agency on Aging? They often have benefits counselors who can help navigate these situations and might be able to connect you with additional resources during this difficult time.

I'm so sorry you're going through this incredibly difficult situation. As someone who has helped family members navigate Social Security issues, I want to emphasize what others have said about widow's benefits - you would indeed be eligible for your husband's full $2870 benefit if he passes away while incarcerated, regardless of his imprisonment status. One thing I'd add to the excellent advice already given is to consider getting everything in writing from SSA when you do connect with them. Sometimes phone representatives give conflicting information, so having written confirmation of your benefits status and future eligibility can be really valuable. Also, many local senior centers have volunteer SHIP (State Health Insurance Assistance Program) counselors who are trained specifically in Medicare and Social Security issues. They're free and can sometimes help you prepare for SSA conversations or even accompany you to appointments. You're dealing with an unimaginably stressful situation, but please know that this community is here to support you through it. The fact that you're planning ahead shows incredible strength.

Just FYI - make sure he brings TWO forms of ID when he goes to apply after he gets out. My relative forgot his second ID and they made him come back which was a whole other ordeal with transportation and taking more time off work.

One thing that might help prepare for his eventual application is to start gathering the necessary documents now while you have time to track them down. You'll need certified copies of his wife's death certificate, their marriage certificate, and his birth certificate at minimum. Getting these documents can take weeks or months depending on which states/counties they were issued in, and it's much easier to do this legwork now rather than scrambling after his release when he's dealing with other reentry challenges. Some states have online ordering systems for vital records, while others require mail-in applications. Also consider getting multiple certified copies since Social Security often wants to keep the originals for their files.