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SS survivor benefits after ex-spouse death - WEP/GPO confusion and post-repeal questions

I'm 65 now and started my own Social Security at 63 and a half. Since I worked for state government, I got hit with both WEP and GPO reductions. My situation just changed because my ex-husband passed away in March 2025. I received this strange letter from SSA stating I'd be eligible for about $2,870 monthly as a survivor, but then it said "we cannot pay you at this time." I never even applied for survivor benefits! I think they just sent it because they knew we were once married and I'm already in their system. Here's my confusion - with all this WEP/GPO repeal talk, I'm wondering if that $2,870 amount is what I'd get if I applied right now OR if I waited until my Full Retirement Age (which is 66 and 8 months). My current benefit is only about $690/month, so this would be life-changing money. I called SSA last week and got this agent who kept insisting I was already receiving my ex's benefits (completely wrong). When I tried to explain I just wanted to know the difference between claiming survivor benefits now versus waiting until FRA, he just kept saying he couldn't tell me anything unless I formally applied. I don't want to apply blindly - if waiting until FRA would mean significantly more money, I'd wait! But that survivor amount is over 4 times my current benefit, so I'm really torn. How do I get accurate information about my specific scenario without committing to anything? Any suggestions on what specific questions I should ask to get through to someone who understands my situation?

I'm so sorry for your loss, Thais. Your situation sounds incredibly complex, and I can understand why you're feeling frustrated with the conflicting information from SSA representatives. One thing that might help is to know that you have options for how to approach this. Since you're already receiving your own reduced retirement benefit, you could potentially switch to survivor benefits if they would be higher (even after GPO reduction), or you might be eligible for what's called a "restricted application" that could maximize your benefits. Given the timing with the WEP/GPO repeal phase-out starting soon, and the fact that you're only about a year away from your FRA, I'd strongly recommend getting professional help to run the numbers. Consider reaching out to a certified Social Security claiming strategist or a fee-only financial planner who specializes in Social Security optimization. They can often get clearer answers from SSA than we can as individuals, and they'll help you model different scenarios including the phase-out timeline. The difference between claiming now versus waiting could literally be tens of thousands of dollars over your lifetime, so it's worth investing in professional guidance to make sure you get this right. Don't let SSA's confusing processes rush you into a decision that could permanently reduce your benefits.

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This is really helpful advice about getting professional help. I hadn't thought about hiring a Social Security claiming strategist, but you're absolutely right that the financial impact could be huge over my lifetime. Do you have any suggestions on how to find a reputable one? I want to make sure I'm working with someone who really understands the WEP/GPO complications and the upcoming changes. The idea of someone who can get clearer answers from SSA than I can is very appealing right now!

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I'm so sorry for the loss of your ex-husband, and I completely understand your frustration with getting clear answers from SSA about such an important decision. Based on what you've shared, it sounds like you're dealing with a perfect storm of complexity - WEP/GPO reductions, survivor benefits timing, and the upcoming repeal changes. The fact that you're getting wildly different information from different representatives is unfortunately very common with these complex scenarios. Here's what I'd recommend as your next steps: 1) Don't rush into anything - you have time to make an informed decision 2) Schedule an in-person appointment at your local SSA office and specifically request a "Technical Expert" who handles WEP/GPO cases 3) Come prepared with written questions about your exact benefit amounts under different scenarios 4) Ask for written documentation of any calculations they provide The timing aspect is crucial here. Since you're only about a year away from your FRA (66 and 8 months), and the GPO phase-out is starting soon, waiting might give you the double benefit of full survivor benefit amount AND reduced GPO offset. But you need accurate numbers to make that determination. Also, don't let any representative pressure you into applying before you're ready. You have the right to get information about your options without committing to anything. If they try to rush you, politely but firmly state that you're just gathering information for planning purposes. Keep pushing for answers - this decision could impact your financial security for the rest of your life, so it's worth the effort to get it right.

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Thank you so much, Katherine. Your advice about not rushing and being firm about just gathering information is exactly what I needed to hear. I've been feeling pressured to make a decision quickly, but you're absolutely right that this affects my financial security for life. I'm going to follow your step-by-step approach - schedule that in-person appointment, ask specifically for a Technical Expert, and come with written questions. The idea that waiting might give me both benefits (full survivor amount AND reduced GPO) is really compelling, but I definitely need those actual numbers first. I appreciate everyone's help in this thread - it's given me a much clearer path forward than I had when I started!

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To answer your original question directly: Yes, Social Security will calculate how much you're over the earnings limit ($45,000 - $23,200 = $21,800), determine the withholding amount ($21,800 ÷ 2 = $10,900), and withhold full monthly payments until that amount is covered. Then they'll resume paying your regular benefit. And yes, you should definitely tell them your expected earnings when you file in February. You can update this estimate if things change. This helps prevent overpayments that you'd have to repay later. When you reach your Full Retirement Age (likely 67), they'll recalculate your benefit and give you credit for the months when benefits were withheld. So while your benefit is permanently reduced for filing early, you do eventually get credit for those withheld months.

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Thank you for clarifying everything! This helps immensely with my financial planning for next year. I'll make sure to be very clear about my expected earnings when I file in February.

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Just wanted to add one more consideration for your planning - make sure you understand how the monthly earnings test works too. If you're planning to start benefits in February but earn most of your $45k in the early months of 2025, SSA might use a monthly test for your first year. They'll withhold $1 for every $2 you earn over about $1,933 per month (the monthly limit). This could affect which specific months you receive payments. Once you've been collecting for a full year, they switch to the annual earnings test. It's worth asking about this when you file since your consulting income might not be evenly spread throughout the year!

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To answer your original question directly - no, there is no official implementation date for WEP repeal because it hasn't passed yet. The current Congressional session ends in January 2025, so any bills not passed by then would need to be reintroduced in the next Congress. If your FRA is March 2025, you should definitely plan your retirement based on current law. The calculations you mentioned sound about right - WEP can reduce benefits by up to half of your non-covered pension or about $600 per month maximum (adjusted annually), whichever is less.

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I'm in a similar boat - my FRA is coming up in June 2025 and I've been watching the WEP situation closely. From what I've researched, even if something does pass Congress (which is a big IF), most proposals include phase-in periods or only apply to future filers. One thing that might help is to get your exact WEP calculation from SSA. I finally got through to them (took forever!) and learned that my reduction was actually less than I expected because of how they calculate the "substantial earnings" years. They also confirmed that any legislative changes would likely have effective dates well after 2025. My advice? Plan for the WEP-reduced amount and treat any future changes as a pleasant surprise. The $580/month difference you mentioned is significant, but don't let uncertainty about potential changes delay your retirement planning if you're otherwise ready to file at FRA.

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My cousin went through this exact situation last year. Had to change his start date because of the earnings limit. Just call SSA and tell them you want to modify the application to change the start month to May. Shouldn't be a big deal as long as benefits haven't started being paid yet. They told him it happens all the time.

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That's reassuring! I was worried it might be complicated to change the application since it's already been submitted. Good to know it's a common request.

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Just wanted to add some reassurance - I'm a benefits specialist and see this situation frequently. You're absolutely making the right call to be cautious about the earnings limits. The SSA overpayment process can be really stressful and they're not always quick to resolve issues. A few quick tips for when you call SSA to change the start date: 1. Have your husband's Social Security number and confirmation number from his original application ready 2. Ask to speak to a claims specialist specifically about modifying a retirement application 3. Get a confirmation number for the change and ask when you can expect written confirmation Also, since you mentioned budgeting concerns - remember that even though his first SS check won't come until June now, you can still plan around knowing exactly what that amount will be. The delay is frustrating but much better than dealing with overpayments later! Your Medicare timing will work perfectly regardless of the SS benefit start date.

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One thing I'd add that helped me when I went through this with my mom - keep really good records of all earnings throughout the year. SSA sometimes doesn't get updated W-2 or 1099 information right away, so having your own documentation can save a lot of headaches if there are any discrepancies later. Also, if your husband is doing consulting work, remember that quarterly estimated tax payments might be required since taxes won't be withheld automatically. The IRS has a safe harbor rule where you can pay 100% of last year's tax liability to avoid penalties, which can be helpful when income is variable from consulting. Good luck navigating this - it's definitely confusing at first but once you understand the rules it becomes much more manageable!

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Great advice about keeping detailed records! I'm definitely going to set up a spreadsheet to track his consulting income monthly. The quarterly tax payment reminder is really helpful too - we hadn't thought about that aspect yet. Since his consulting income will be irregular, having that safe harbor rule as a backup sounds like a smart approach. Thanks for thinking of those practical details that go beyond just the SSA rules!

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I went through this exact same situation with my spouse two years ago! The confusion is totally understandable because the SSA representatives really aren't consistent in how they explain it. Here's what I learned after dealing with this firsthand: The $22,320 earnings limit is ONLY for work income - wages, self-employment, consulting fees, etc. Your husband's $30,000 in Social Security benefits doesn't count toward this limit at all. So yes, option #1 is correct - he can receive his full $30,000 in SS benefits AND earn up to $22,320 from consulting work without any penalty (total income = $52,320). One thing that really helped us was setting up a simple tracking system. I created a monthly spreadsheet to monitor his consulting income so we could stay well under the limit. We also learned that if you do go over, they don't take benefits away permanently - they get credited back when you reach full retirement age, though the cash flow impact in the short term can still be tough. The earnings test completely disappears once he hits his full retirement age, so this is really just a temporary consideration for the next few years. Hang in there - once you get the hang of tracking it, it becomes much more manageable!

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