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To clear up some confusion in this thread: The 2025 WEP repeal legislation specifically addresses both primary benefits and survivor benefits. Before this legislation, WEP DID affect survivors, just with a different calculation method. Under the new law: 1. Your ex-husband's primary benefit will increase based on the phase-in schedule if he lives long enough to see it 2. When calculating survivor benefits after his death, the full WEP elimination will apply to your daughter's benefits, regardless of where in the phase-in period he passes away 3. Your daughter's DAC benefit will be 75% of his PIA without the WEP reduction Make sure to notify SSA promptly after his passing and specifically mention that his record was affected by WEP and that your daughter is receiving DAC benefits.
One critical thing to watch for: When your ex passes and your daughter switches to survivor benefits, SSA may initially calculate the benefit incorrectly. Be prepared to appeal if the amount seems wrong. Request a detailed explanation of the calculation in writing. The formula they should use is 75% of his PIA without WEP reduction. Also, ensure your daughter's Medicare premiums (if applicable) are correctly adjusted with the benefit change. And remember that any month-of-death payment would go to whoever was living with him, not automatically to your daughter.
To directly answer your question about when the calculation/adjustment comes into effect: it happens at the exact time you apply for benefits. There's no automatic recalculation or adjustment later. If you apply at 63: - SSA will calculate your own reduced retirement benefit - SSA will calculate your reduced ex-spouse benefit (which would be about 37.5% of his PIA instead of the full 50% you'd get at FRA) - You'll receive whichever amount is higher If your own benefit grows over time (due to additional earnings), SSA won't automatically recalculate to see if you should switch between your benefit and the ex-spouse benefit. That's why it's so important to understand the numbers before you file. One last tip: make sure you specifically mention you want to file for ex-spouse benefits when you apply. Sometimes this gets overlooked if you don't explicitly bring it up.
Thank you! That's super clear. I'll definitely make sure to explicitly mention the ex-spouse benefits when I apply. Would bringing my divorce decree to the appointment be helpful, or does SSA already have that information in their system?
Bringing your divorce decree is always a good idea, along with your marriage certificate if you have it. While SSA might have access to some of this information, having the documents with you can prevent delays. Also bring your ex's Social Security number if you have it (though they can usually find him in their system without it). I'd also recommend bringing recent tax returns, birth certificate, and a government-issued photo ID to your appointment. Better to have too much documentation than not enough!
One important thing no one has mentioned yet - some states supplement SSI payments, and the rules for backpay might be slightly different for the state portion. What state are you in? Also, as a representative payee, you'll need to complete Form SSA-6233 (Representative Payee Report) annually to document how the funds were used. Keep extremely detailed records of every penny spent from that account.
For Michigan, there is a small state supplement, but it follows the same dedicated account rules as the federal portion. As for representative payee training, SSA offers a free guide called "A Guide for Representative Payees" that explains your responsibilities. You can download it from ssa.gov or request a copy from your local office. The most important things are: 1. Keep the dedicated account separate 2. Only use funds for approved expenses 3. Keep detailed records with receipts 4. Complete the annual reporting form 5. Never use the funds for your own expenses Follow these guidelines and you'll be fine.
my uncle told me that social security is going bankrupt anyway so none of this will matter in a few years lol
That's not accurate. While Social Security does face long-term funding challenges, even in the worst-case scenario (with no legislative changes), it would still pay about 76% of benefits after the trust fund depletion date. Complete bankruptcy isn't possible under the current structure, and Congress has always acted to strengthen the program before major shortfalls.
Thank you everyone for all the helpful information! After reading all your comments, I understand now that: 1. My husband's benefit won't be reduced no matter how many eligible people claim on his record 2. My spousal benefit (up to 50% of his PIA) isn't reduced because his ex-wife is also claiming 3. The only reduction I'll face is due to claiming early at 62 instead of waiting until my FRA 4. The family maximum likely won't apply in our situation This is such a huge relief! I'll still try to speak with SSA directly to confirm everything for our specific situation, but at least now I know what questions to ask. This forum has been incredible - thank you all!
Happy to help! And don't forget, once you're talking to SSA, also ask them to compare what you'd get from your own work record vs. what you'd get as a spouse on your husband's record. They'll pay you the higher amount (not both). Sometimes people are surprised to find their own benefit is actually higher than the spousal benefit.
You mentioned you're planning to increase tax withholding from an annual distribution. Just to clarify - that's separate from the withholding option on your Social Security benefits. You can elect withholding on both your pension/distribution AND your Social Security. For Social Security withholding, you have limited options: 7%, 10%, 12%, or 22% of your monthly benefit. There's no option for a specific dollar amount, only these percentages. If you're expecting a large annual distribution that could push you into a higher tax bracket, it's often wise to have withholding on both income sources.
I forgot to mention in my earlier post - PRINT EVERYTHING when you're done with the online application!!! I didn't save my confirmation number and then had a minor panic attack when I didn't hear anything for 3 weeks. Take screenshots or print the confirmation page because you'll need that reference number if you have to call and check on status.
My condolences for your loss. When my wife passed I was so confused about all this stuff too!! I ended up taking the survivors benefit early even though I was still working. SSA withheld almost everything because of the earnings test, but what nobody told me was that I'd get some small payments during months when I earned less (like when I took some unpaid time off). So even though I didn't get much until FRA, it wasn't zero either. Just something to consider.
Based on your situation, here's what I would recommend: 1. Apply for survivor benefits now even though they'll be reduced and mostly withheld 2. Continue working until your FRA (this won't affect your future options) 3. At FRA, evaluate whether to keep the survivor benefit or switch to your own retirement benefit 4. If your own benefit would be higher with delayed credits, consider switching to your own benefit at age 70 This strategy preserves maximum flexibility. And remember - after FRA, there's no earnings test, so you can work and collect full benefits. One thing to note: you mentioned being 2.5 years from FRA, which means your FRA is likely 67. The survivor FRA might be slightly different (66 or 66.5), so double-check that specific detail when you apply.
Thank you so much for this clear strategy. I'll definitely apply for the survivor benefits now to keep my options open, even if most is withheld. You're right about checking my exact FRA - I need to confirm that. I really appreciate everyone's help as I navigate all this during such a difficult time.
Just want to add one important thing - make SURE you're tracking what months your commissions are being paid. If the payment months don't match what you put on the form, it can cause BIG problems with your earnings test. I had a $4,300 overpayment notice because my employer reported a commission in March but I had put February on my form. The dates REALLY matter for how SSA processes these!
To follow up on your specific situation: since your survivor FRA is December 2025, you're in your FRA year for ALL of 2025. That means: 1) The higher earnings limit (~$62,000) applies for all of 2025 2) Benefits are reduced by $1 for every $3 you earn above that limit 3) Only earnings through November count (month before FRA) 4) Starting December 2025, NO earnings limits apply at all Print out the POMS reference (GN 02602.020) that specifically states the survivor FRA is used for the earnings test, not your retirement FRA. This will help if you get resistance from a rep who doesn't understand the distinction.
One more important point: make sure to schedule an appointment specifically for survivor benefits rather than retirement benefits. When you call, be very clear this is for survivor benefits. This increases your chances of speaking with someone familiar with the specific rules. Pro tip: Call early in the morning right when they open (usually 9am local time) to minimize wait times. Have your documents ready: your ID, marriage certificate, spouse's death certificate, both your Social Security numbers, and your recent tax return if you're self-employed. Typically, survivor benefit applications take 2-4 weeks to process if you have all documentation ready.
If your husband had a good work history, you might be eligible for a pretty significant benefit. My mom gets about $2450/month from my dad's record as a survivor, and she started at 62 (which was less than she'd get at full retirement age). You should also know that if you remarried after 60, you can still get survivor benefits from your late husband's record.
I really appreciate everyone's help here. I'm frustrated that I wasn't given complete information years ago, but at least now I understand I'll be eligible when I turn 60. That's still two years away, but it gives me time to plan. I'm going to gather all my documents and apply three months before my 60th birthday as suggested. And I'll definitely use that Claimyr service to avoid the phone frustrations. Thanks again everyone - this community has been more helpful than the actual SSA office was!
One final tip: While you're waiting to turn 60, it would be a good idea to create a my Social Security account at ssa.gov if you haven't already. You can view your own earnings record and get estimates of your retirement benefits. This will help you compare your own retirement benefits to potential survivor benefits and make a more informed decision about when to claim which benefit. Best of luck!
Isabella Costa
One more thing your neighbor should do - create a my Social Security account at ssa.gov if she doesn't already have one. She can use this to: 1. Review her own work history and projected benefits 2. Ensure all her earnings have been properly recorded 3. Get estimates of what her retirement benefits might be 4. Compare that with what her survivor benefits would be at different claiming ages This will help her make informed decisions as she approaches age 60. She should also consider consulting with a financial advisor who specializes in Social Security planning to maximize her benefits.
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Javier Cruz
•That's excellent advice. I'll make sure she sets up that account. She hasn't been working consistently throughout her marriage (she took time off to care for her mother-in-law for several years), so I'm not sure what her own benefits would look like.
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Emma Wilson
oopssss i was wrong in my first comment! i just double-checked and widows can actually file as early as age 50 if they're disabled (not 55 like i said). edited my comment. sorry for the confusion!
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Javier Cruz
•No problem, thanks for the correction! That's still 10+ years away for her though, which is a long time to wait when you're suddenly without income.
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