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I've been following the Social Security Fairness Act progress and heard it might be signed by President Biden soon. I'm really confused about how this affects my situation. I worked in the US for 16 years but also receive a pension from the UK (about £1,850 monthly) from my government job there. Currently, my US Social Security check is reduced by almost $485/month because of the Windfall Elimination Provision (WEP). If this new law passes, will my WEP reduction go away completely? Or does this only apply to US government pensions? I've tried calling SSA three times but keep getting disconnected after waiting 2+ hours each time. Anyone here know how international pensions are treated under the new legislation?
I'm trying to help my sister who's facing a complicated Social Security situation. She's 59 and currently receiving SSDI (has been for about 3 years). Her ex-husband just turned 64 and recently got approved for disability benefits himself. They were married for 20 years and have been divorced for about 12 years now. She's struggling financially on her disability payment alone and I'm wondering if she can receive any additional benefits as an ex-spouse on his record. Does she qualify for some kind of "spousal top-up" from his Social Security even though she's under 62? Or does she absolutely have to wait until she reaches 62 to get any divorced spouse benefits? The local SSA office gave her conflicting information and I want to make sure she understands her options before she makes any decisions.
Something nobody mentioned yet - even if she has to wait til 62, she should check if taking divorced spouse benefits early would permanently reduce them. Sometimes better to wait!!! My cousin took early and regrets it now!!!
This is a good point. Taking divorced spouse benefits at 62 instead of full retirement age (which would be 67 for someone who's 59 now) does permanently reduce the benefit amount. However, for someone already on disability, the calculation works differently, and she'll automatically switch to retirement benefits at full retirement age.
Thank you all for the helpful responses! I spoke with my sister and we're going to: 1) Have her call SSA and specifically ask about "disabled divorced spouse benefits" 2) Request to speak with a technical expert who knows these rules 3) Ask for a written explanation of her options and 4) Make sure she understands any potential reductions if she has to wait until 62. I'll update if we get a clear answer!
Sounds like a solid plan! Just remember that if she has trouble getting through on the phone, Claimyr can really help. My appointment with SSA was actually productive once I finally got through to them - the representative explained all my options and even helped me calculate what my benefit increase would be.
Good luck with the call! One more tip - when you speak with SSA, ask them to document everything in her file so if she needs to call back, the next representative will have notes about what was discussed. Sometimes getting consistent information requires having that paper trail. Hope she gets some good news!
My husband was just approved for SSDI last month, and during our meeting with the SSA representative, she gave us some surprising numbers about our auxiliary benefits. She said our family could get significantly more than just the standard 50% of my husband's SSDI benefit amount - somewhere between 65-70% for each eligible family member. She mentioned this was because of my husband's high contributions to Social Security over the years.I thought auxiliary benefits were always capped at 50% per person? Is there some special rule where family members can get higher percentages (between 50-80%)? The family maximum she quoted us was nearly double what I expected based on what I've read online.I don't want to get excited about a higher benefit amount if the rep made a mistake. Has anyone else experienced auxiliary benefits higher than 50%? I'm worried when the payments actually start, they'll be much lower than what we were told.
That makes PERFECT sense and explains the confusion! His benefit is right around $3,100 and she said the family max was about $5,200. So she was saying the family would get about 67% MORE in total, not that each dependent would get 67% of his benefit. Thank you for helping me make sense of this!
I'm glad you got that sorted out! Just wanted to add one more thing that might be helpful - when you do call SSA back to confirm everything, ask them to mail you a written benefit estimate that shows the breakdown for each family member. Having it in writing can prevent any confusion later and gives you something to reference if there are discrepancies when payments start. I learned this the hard way when our family went through the SSDI process. The written estimates are usually pretty accurate and can save you a lot of headaches down the road.
Getting ready to file for Social Security and I'm confused about the earnings test limit. I'm planning to retire next year at 62 and collect my ex-spouse's survivor benefits while letting my own retirement benefit grow until my full retirement age (67). I'm trying to figure out if my investments will affect my benefits. Does anyone know if Traditional IRA or Roth IRA dividends count toward the SS earnings limit? I'm thinking dividends don't count as "earned income" for the limit, but Traditional IRA withdrawals might? Is that right? I'll still have a part-time consulting gig that will pay about $17,000 a year, and I don't want to accidentally go over the earnings limit and have my benefits reduced. I've read so many conflicting things online that my head is spinning!
Unfortunately, yes - if you were born in 1963, deemed filing applies to you. When you file for any benefit, you'll be deemed to have filed for all benefits you're eligible for, and you'll receive the higher of the two (your own or the divorced spousal), not both. This means your strategy of taking divorced spousal while letting your own grow isn't available to you. The law changed with the Bipartisan Budget Act of 2015. Only people born before Jan 2, 1954 were grandfathered into the old rules. Since you mentioned your own benefit would be higher at 67, you're probably better off just waiting to file for any benefits until closer to your FRA, especially if your earnings from working would cause a reduction under the earnings test anyway.
Wow, this is devastating news for my retirement plans. I had no idea about this change in the law. Thank you for explaining it - I'm so glad I found out now rather than after applying and being shocked. I'm going to need to completely rethink my strategy. Maybe I'll need to work longer than I planned. This is really disappointing, but I'm grateful for the accurate information.
I'm so sorry to hear about the change in your retirement strategy! The deemed filing rule really did eliminate a lot of flexibility for people in your situation. But don't give up hope yet - there might still be some options worth exploring. Since you're planning to retire at 62 and your own benefit will be higher at 67, you might want to consider: 1. Working part-time until your FRA to avoid the early filing reduction penalties 2. If you do need income before 67, remember that the earnings test goes away completely once you reach FRA, so any benefits withheld due to excess earnings get added back to your future payments 3. Consider doing some Roth conversions now while you're still working and in potentially lower tax brackets, to reduce future RMDs that could push you into higher SS taxation brackets Also, make sure to get an updated benefit estimate from SSA that shows both your own projected benefit and the divorced spousal benefit, so you can see exactly what the numbers look like under deemed filing. The silver lining is that at least you found out about this now and can adjust your planning accordingly!
I'm really confused about how my teacher's pension will impact Social Security survivor benefits if my husband passes away. I'm currently 65 and will reach my Full Retirement Age at 67 years, 2 months. I've spent most of my career in public education and will start collecting my pension next year. I don't have enough quarters for my own Social Security benefit. I tried applying for spousal benefits when I was 62, but was denied because of the Government Pension Offset (GPO). The SSA representative did calculations that honestly made my head spin - I couldn't follow anything he was saying about the offset formulas. My questions are: 1. If my husband passes away, will I be eligible for survivor benefits WHILE also receiving my teacher's pension? Or will the GPO eliminate those too? 2. My husband started taking Social Security early at 62 (he's now 78) but continued working full-time for another 16 years. Would my potential survivor benefit be based on his reduced early benefit amount or would it include all those extra years of work? I feel completely lost with all these WEP/GPO rules. Can anyone help explain this in simple terms?
My sister-in-law just went through this exact situation last year! Her situation was almost identical - teacher pension and husband had claimed early. One thing no one mentioned yet - if your husband's benefit increased due to COLAs over the years since he claimed at 62, those increases ARE included in the survivor benefit calculation. So that might give you a bit more than you're expecting.
I'm dealing with a similar situation as a retired school counselor. One thing that helped me was creating a simple spreadsheet to track all the calculations. I listed my monthly pension amount, multiplied by 2/3 for the GPO reduction, then subtracted that from my estimated survivor benefit. Also, don't forget that if you're not yet receiving your teacher pension when you apply for survivor benefits, the GPO won't apply until you actually start receiving the pension payments. So there might be a window where you get the full survivor benefit before your pension kicks in. The timing can make a real difference in your overall financial planning, especially if you have flexibility in when you start your pension. Good luck navigating this maze!
Tami Morgan
Dealing with international benefits is SO complicated! When my uncle retired with pensions from both US and Germany, it took him almost 8 months to get everything sorted out. Have you checked the US-UK totalization agreement details? Sometimes there are specific provisions for different countries.
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Ella rollingthunder87
Author8 months?! That's awful. I've been digging through the totalization agreement, but the language is so technical I can't tell if there's anything in there that would help me. I'm worried about appealing and making things worse somehow.
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Yara Campbell
One important point for everyone following this discussion - while the Social Security Fairness Act would eliminate WEP/GPO for domestic public employees, international pension issues are typically governed by bilateral Social Security agreements (totalization agreements). These agreements are negotiated country-by-country and have their own unique provisions. If you have work history in multiple countries, it's essential to understand both the general WEP rules and the specific provisions of any applicable totalization agreement. These agreements help determine: 1. Whether you can combine work credits from both countries to qualify for benefits 2. How benefits are calculated when you have split work histories 3. Which country's benefits you're eligible to receive The US-UK agreement helps prevent double taxation and allows for totalizing credits, but it doesn't completely eliminate WEP reductions.
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Ella rollingthunder87
AuthorThis is really helpful information, thank you. I think I need to specifically ask about the US-UK totalization agreement when I finally get through to someone at SSA. Do you know if there's a specific department or specialist at SSA that handles international cases?
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Andre Laurent
When you call SSA, ask to speak with someone in the Office of International Operations (OIO). They handle cases involving foreign pensions and totalization agreements. You can also mention that your case involves the US-UK totalization agreement specifically - this should help them route you to the right specialist. I had a similar situation with a Canadian pension and it took three transfers, but I finally got someone who understood the international agreements. Don't give up!
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