my neighbor is in this exact situation and she just keeps checking the news every day hoping it'll pass. she's missing out on like $900 a month because of GPO! thats REAL money that could change her life

I'm in a similar boat as your husband! I'm a retired state employee with a pension (no SS contributions during those years) and my wife has been paying into Social Security her whole career. We've been holding off on me applying for spousal benefits because of the GPO mess. From everything I've read and heard from others here, you're absolutely right that he doesn't need to have applied previously - he can just apply once the law passes (fingers crossed it does!). The key thing is that if this bill goes through, it completely eliminates both GPO and WEP, so all those previous calculations become irrelevant. I'd definitely recommend staying on top of the legislative updates and having all your documentation ready to go. We've been keeping track through Congress.gov and contacting our representatives regularly to show support. Here's hoping 2025 is finally the year this gets fixed!

This gives me so much hope! I'm dealing with a WEP nightmare too - been fighting for 2 years over their calculation. They keep applying the maximum reduction even though I have 25 years of substantial earnings which should reduce the penalty significantly. The worst part is every time I call, I get someone different who acts like they've never heard of WEP before. One rep literally told me "that's just how the system calculates it" when I tried to explain their error. So frustrating! I'm definitely going to try asking for a Technical Expert on my next call. I didn't know that was even an option. And thank you for sharing about documenting everything - I've been writing things down but not getting employee IDs. That's a great tip. Really crossing my fingers that your correction goes through without needing the ALJ hearing. $740/month is huge! Please update us on what happens when you call back. Stories like yours keep me motivated to keep fighting this broken system.

This thread is incredibly helpful! I've been lurking here for months dealing with my own WEP disaster. My case is a bit different - I'm a federal retiree with CSRS pension, and SSA has been applying WEP to reduce my benefits even though I have 32 years of substantial Social Security earnings, which should completely exempt me from any WEP reduction. The most maddening part is that I've submitted all the documentation multiple times showing my substantial earnings history, but they keep sending back letters saying my calculation is "correct" without any explanation of how they arrived at their numbers. Reading about everyone's experiences with Technical Experts is eye-opening - I had no idea I could specifically request someone with WEP expertise. I've been getting bounced around to regular customer service reps who clearly don't understand the nuances of these calculations. @Melody - your story gives me so much hope that there might actually be competent people at SSA who can fix these messes! I'm definitely going to try the approach of asking for a Technical Expert and having all my documentation ready in a one-page summary format. Has anyone had success getting their case escalated to a supervisor when the regular reps don't seem to understand WEP exemptions? I feel like I need someone with actual authority to override whatever is causing their system to keep applying the wrong reduction.

Just one more thing to keep in mind: When calculating survivor benefits, the age at which the deceased claimed their own benefits can affect the survivor benefit amount. If they claimed early (before FRA), that can reduce the survivor benefit. If they delayed claiming (after FRA), the survivor benefit includes those delayed retirement credits. Also, should either your current husband or ex-husband pass away, you should contact Social Security promptly. As another commenter mentioned, retroactive benefits are limited, and the application process can take time. Having all your documentation ready (marriage certificates, divorce decree, birth certificates, Social Security numbers) will make the process smoother.

One more consideration that might be helpful - if you're still working when you become eligible for survivor benefits, be aware of the earnings test. If you claim survivor benefits before your Full Retirement Age and you're still earning income, Social Security may temporarily reduce your benefits if your earnings exceed certain limits. For 2024, you can earn up to $22,320 without any reduction, but they'll reduce benefits by $1 for every $2 you earn above that limit. Once you reach your FRA, the earnings test no longer applies. This might factor into your timing decisions if you're planning to continue working.

I'm a disability advocate and wanted to share some additional insights that might help. The wait times vary significantly by hearing office - some are as short as 4-6 months while others can stretch to 12+ months. You can actually look up your specific hearing office's average processing time on SSA's website to get a better estimate. One thing I always tell families is to document EVERYTHING during this waiting period. Keep a daily log of your daughter's challenges, meltdowns, assistance she needs, etc. This real-time documentation can be incredibly powerful evidence that shows her consistent limitations rather than just a snapshot from medical appointments. For the hearing itself, I'd strongly recommend requesting accommodations in writing well before the hearing date. This should include having you present to assist with communication, allowing breaks if she becomes overwhelmed, and using simple language. Don't just rely on verbal requests the day of the hearing. Regarding DAC benefits - this is actually a separate application process, but the disability determination from your SSDI hearing can be used for the DAC claim. If approved, DAC benefits are often higher than what someone would get on their own record, especially for someone young with limited work history. Your attorney should be explaining all of this clearly. If they're not, don't hesitate to ask pointed questions or even consider getting a second opinion. You're your daughter's best advocate in this process!

I'm going through a similar situation with my adult son who has autism and intellectual disability. We're about 6 months into our hearing wait after reconsideration denial, and I completely understand your anxiety about the process. A few things that have helped us prepare: First, I started keeping a detailed journal of his daily challenges and needs for assistance - things like needing reminders to eat, getting overwhelmed by changes in routine, difficulty with phone calls or paperwork. This documentation has been invaluable for showing his real-world limitations. For the hearing anxiety, our attorney suggested we could request a "pre-hearing conference" where we briefly meet the judge beforehand so my son can get familiar with them before the actual hearing. This might help your daughter feel less anxious about speaking to a stranger. Also, regarding your comment about her potentially saying what she thinks people want to hear - this is SO common with people who have intellectual disabilities. Make sure your attorney understands this "masking" behavior and can explain it to the judge. We've been practicing with my son that it's okay to say "I don't know" or "I need help with that" rather than just agreeing. One practical tip: bring a comfort item or fidget tool for your daughter if that helps her self-regulate during stressful situations. Most judges are understanding about these accommodations. The waiting is absolutely the hardest part, but you're doing everything right by getting an attorney and preparing thoroughly. Your advocacy for your daughter is clear in every word you've written.

One more important point: If your husband is a veteran, check with the VA as well. There may be additional survivor benefits available through them that are separate from Social Security. Also, once you're on survivor benefits, you'll still get the annual Cost of Living Adjustments (COLA) that Social Security provides. And if you're not already enrolled in Medicare, that's something else to consider as you approach 65.

I want to add something that might be helpful - consider contacting your local Area Agency on Aging. They often have Social Security experts who can help you understand your benefits and even assist with applications at no cost. They're usually much easier to reach than SSA directly and can provide personalized guidance for your situation. Many also offer grief counseling and other support services that might be valuable during this difficult time. You can find your local agency at eldercare.acl.gov. Wishing you and your husband strength during this challenging period.