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Can I retroactively claim unpaid SS survivor benefits after WEP/GPO repeal?

So I've been following the news about Congress finally repealing those awful WEP and GPO provisions. My situation is a bit specific and I haven't seen it discussed yet. My mother was a retired teacher from Texas (no SS contributions) who became eligible for survivor benefits when my father passed in 2019. Because of the GPO, her entire survivor benefit would have been eliminated, so she never bothered filing for it. Now with this new law going into effect retroactively to January 2024, I'm wondering if she can backdate a survivor benefit application to January 2024? The way I understand it, people already receiving reduced benefits due to WEP/GPO will automatically get adjustments back to January. But what about those who never applied because they knew they'd get $0 under GPO rules? It seems like there should be some provision for retroactive filing, otherwise they miss out on months of benefits they're now entitled to. With spousal benefits, I think the deemed filing rules would have forced an application anyway. And WEP folks were already getting something that will just be recalculated. Has anyone else thought about this situation? Any SSA employees have insight?

I'm in a very similar situation and really appreciate this discussion! My husband was a federal employee for 28 years and when I become eligible for widow benefits, I was told not to even bother applying because of GPO - my CSRS pension would have eliminated everything. One thing I wanted to add that might be helpful - I spoke with someone at my local SSA office yesterday (finally got through!) and while they don't have official guidance yet, the representative mentioned that they're expecting a flood of these types of cases and are preparing special procedures. She suggested that when we do apply, we should bring: 1. A copy of the new legislation 2. Documentation showing our government pension amount 3. Our spouse's Social Security statement/records 4. A written timeline explaining why we didn't apply before She also said to be very clear in our application that we're requesting retroactive benefits specifically due to the GPO repeal effective January 2024. Apparently they're setting up a special tracking system for these cases. I'm planning to file the day after the president signs it. Better to get in early and establish that protective filing date, even if it takes them months to process everything properly.

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I'm new to this community but found this discussion incredibly helpful as I'm in almost the exact same boat! My wife was a librarian for our county school system for 22 years, and when I passed away... wait, sorry, I mean when her first husband passed away in 2020, she never applied for survivor benefits because we knew GPO would eliminate them completely. Reading through all these responses has given me so much hope and practical guidance. The tip about bringing a copy of the legislation and applying in person rather than online is something I never would have considered but makes total sense given how complex this situation is. One question I have that I didn't see addressed - does anyone know if there's a specific order we should follow when gathering the documentation? Like should we request our spouse's Social Security statement first, or get our pension documentation together first? I want to make sure we have everything properly organized before the law is signed so we can move quickly. Also, has anyone considered reaching out to their congressional representatives' offices? Sometimes they have caseworkers who can help navigate SSA issues, and since this is new legislation they might be particularly willing to assist constituents who are affected by the changes. Thank you all for such a thoughtful discussion - it's given me a clear action plan for helping my wife finally get the benefits she's been entitled to all along!

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Welcome to the community! I'm glad you found this discussion helpful - it's been such a relief to connect with others in similar situations. Regarding documentation order, I'd suggest starting with your wife's pension records since those are probably the easiest to obtain directly from her former employer or the pension administrator. Then request her late husband's Social Security statement - you can do this online at ssa.gov/myaccount if you have his information, or by calling SSA directly. Having the pension amount will also help you calculate what her survivor benefit should be once GPO is eliminated. Your idea about contacting congressional representatives is excellent! Since they just passed this legislation, their offices are probably very familiar with the issues and might have additional guidance or be able to help expedite cases. Many congressional offices have dedicated staff for Social Security issues. I'd also suggest creating a simple timeline document showing when her husband passed away, when she would have been eligible for benefits, and why she didn't apply - having that narrative clearly written out will help when you're explaining the situation to SSA representatives. Good luck with everything, and please keep us posted on how the application process goes!

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Can my 65-year-old brother with no work history qualify for any Social Security benefits?

I'm at my wit's end trying to figure out options for my brother. He's 65 years old and has never officially worked (no tax records or employment history). He struggles with what I believe are undiagnosed mental health issues, but refuses to see any doctors or get evaluated. He's currently living in my spare room, but I'm approaching retirement myself and concerned about our future. Does anyone know if there are any Social Security benefits he might qualify for despite having no work credits? I've heard vaguely about SSI but don't understand if that's an option. He literally has zero income and no assets. I've tried calling Social Security several times but keep getting disconnected or told to make an appointment (which he refuses to attend). Any advice would be so appreciated - I'm really worried about what will happen to him when I can no longer help financially.

I'm new to this community but wanted to share my experience as someone who recently went through the SSI application process with my aunt. Your brother absolutely qualifies - the combination of being 65+ with no work history and limited resources is exactly what SSI is designed for. A few things that really helped us: - We started the application online at ssa.gov even though she was nervous about technology. You can save your progress and come back to it, which took a lot of pressure off - The local Legal Aid office had a benefits specialist who helped us prepare for the interview and explained what questions to expect - We brought a simple one-page summary of her living situation, income sources (none), and basic medical info to the appointment - the interviewer really appreciated having everything laid out clearly The hardest part was honestly just getting started, but once we submitted the application, the process moved pretty smoothly. Your brother is fortunate to have someone advocating for him so thoughtfully. The fact that you're researching all this and gathering information shows how much you care, and that advocacy will make all the difference in getting him the help he needs and deserves.

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Thank you so much for sharing your experience with your aunt, Nia! It's really encouraging to hear from someone who just went through this process successfully. The idea of starting the application online and being able to save progress is perfect - that way we can work on it gradually without overwhelming him all at once. I hadn't thought about reaching out to Legal Aid for a benefits specialist, but that sounds like exactly the kind of expert guidance we need to feel confident going into the interview. Your suggestion about preparing a one-page summary is brilliant too - having everything organized and clear will probably help both him and the interviewer. You're so right that the hardest part is just getting started. With all the advice from this community, I finally feel like I have a solid plan of action. Thank you for the encouragement - it means the world to know that others have successfully navigated this for their loved ones!

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I'm new to this community but wanted to reach out because your story really touched me. My grandmother was in a very similar situation - 66 with no work history and severe anxiety about dealing with government agencies. We successfully got her approved for SSI last year, and it completely changed her quality of life. From reading all the excellent advice here, it sounds like you have a solid understanding of the process now. I just wanted to add one thing that made a huge difference for us: we found that some SSA offices have "customer service representatives" who specialize in working with anxious or elderly applicants. When you call (or if you use that Claimyr service someone mentioned), specifically ask if they have anyone trained to work with clients who have anxiety issues. Also, don't underestimate the power of starting small. Even just getting the application submitted online gives you and your brother a sense of progress and accomplishment. The retroactive benefits from the application date mean every day you wait costs money. Your brother is so fortunate to have someone fighting for him like this. The combination of SSI, Medicaid, and SNAP benefits will provide a foundation of security that could actually help reduce his anxiety over time. You're not just getting him financial help - you're potentially giving him a pathway to better mental health care and more independence. Keep pushing forward - you're doing amazing work!

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Do Medicare Advantage Plan reward cards count as income for Social Security benefits?

My sister recently switched to a Medicare Advantage plan that gives her some kind of prepaid card with $75/month for OTC meds and healthy food. I'm on SSDI and considering the same plan, but I'm worried - does SSA count those reward cards as income? Would it reduce my benefits or push me over income limits? The plan brochure doesn't mention anything about this. Has anyone dealt with this before?

The whole Social Security system is ridiculous with what they count as income! My neighbor got dinged because someone regularly brought her groceries and SSA counted that as "in-kind support" for her SSI. But then things like these cards don't count? Makes NO SENSE.

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You're right that it can seem inconsistent, but there is a logic to it. For SSI (not SSDI), food and shelter provided to you can count as in-kind support and maintenance because SSI is a needs-based program specifically designed to cover those basic needs. Insurance benefits, on the other hand, are considered a resource you've either paid for through premiums or earned through Medicare contributions during your working years.

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I'm actually dealing with a similar situation right now! I'm on SSI and was hesitant to sign up for a Medicare Advantage plan because I was worried about ANY additional benefits affecting my eligibility. Reading through all these responses has been really helpful - especially hearing from the benefit specialist and people who've actually been using these plans without issues. It's frustrating how hard it can be to get clear answers about what counts as income and what doesn't. Thanks everyone for sharing your experiences!

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Social Security survivor benefits percentage increases - monthly or annually at age 60-FRA?

I'm trying to figure out the exact timing of survivor benefit percentage increases. I know the non-disabled surviving spouse can get 71.5% of the deceased's benefit at age 60, and it gradually increases to 100% at full retirement age. But here's what confuses me - does this percentage increase happen MONTHLY between age 60 and FRA, or only ANNUALLY on your birthday? For example, if I turned 61 last August but decide to file for survivor benefits this January, would my percentage be based on my age 61 (which I hit in August), or would it have increased a bit each month since my birthday? I'm trying to figure out the best month to apply, and if waiting even 1-2 more months means a noticeable increase in my monthly payment. I've read through the SSA website but can't find a clear answer on whether these increases are monthly or just once a year on your birthday. Any insight would be greatly appreciated!

One more important thing to consider - if you're still working while collecting survivor benefits before your FRA, you'll be subject to the earnings limit ($22,320 in 2025 for people under FRA). Going over this limit will reduce your benefits by $1 for every $2 you earn above the limit. Sometimes waiting until closer to your FRA makes sense if you have significant earnings. This is separate from the percentage increase issue, but it's another factor that might influence your decision about when to start collecting.

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my neighbor lost half her survivors benefits because she didnt know about this earnings limit! she was working part time and went over by just a little bit. they took back money she already spent! be careful about this!

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I'm also dealing with this situation after my spouse passed away earlier this year. Based on all the helpful information shared here, I want to emphasize that the SSA's online benefit calculator tool can actually help you estimate your exact benefit amount based on your current age down to the month. You can access it through your my Social Security account at ssa.gov. One thing that hasn't been mentioned is that if you're caring for the deceased worker's child under age 16 (or disabled), you may be eligible for survivor benefits regardless of your age - and these aren't subject to the same percentage reductions. This is called the "mother's/father's benefit" and it's 75% of the deceased worker's benefit amount. Also, for anyone reading this thread, remember that you can apply for survivor benefits up to 6 months retroactively from your application date, but only back to age 60 (or 50 if disabled). So if you're past 60 and haven't applied yet, you might be able to get some back payments.

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When will my Social Security check arrive if I start benefits on April 6 - May or June?

Quick question about SS benefit timing that's got me confused. I'm planning to start collecting Social Security on April 6th this year. Would my first actual payment arrive in May or would I have to wait until June? I'm trying to figure out if I need to wait until a full complete month has passed after my start date, then get the check the following month (which would be June). My budget planning depends on knowing exactly when that first payment hits my account. Thanks for any help!

Watch out for the earnings limit if your still working!!! If your under FRA (full retirement age) and make over $21,240 in 2025 they will take back $1 for every $2 you earn over that amount. MANY people don't know this and get SHOCKED when SS demands money back!!!

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This is an important point about the earnings limit. Just to clarify, if you're reaching your Full Retirement Age in 2025, the limit is higher - $56,520 for the months before reaching FRA. And once you reach your FRA, there's no earnings limit at all.

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One more thing to know - if you file on April 6th, your payment date will be based on your birthday as others mentioned, but your actual benefit amount is based on the month. So even though you're starting on the 6th, you'll get credit from April 1st. Social Security doesn't prorate by days within a month - they pay by full month once you've filed within that month.

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No, that's not correct. If your benefit start date is April 6th, your first month WILL be prorated. You only receive benefits for the days of the month you're entitled to them. The person above is confusing the application date with the benefit start date.

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@Samantha Johnson is correct here. I went through this exact situation last year when I started benefits mid-month. Social Security definitely prorates your first payment based on your actual start date, not from the 1st of the month. So if you file with an April 6th start date, you ll'only get paid for April 6th through April 30th in your May payment. Don t'want you to budget expecting a full month s'payment when it will be less!

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