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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!
I'm so sorry for your loss and the frustration you've experienced with getting clear information. Unfortunately, this situation is more common than it should be. The SSA representatives sometimes don't explain all the options available, which can lead to years of missed opportunities. Just to add to the excellent advice already given - when you do apply at 60, make sure to ask about "deemed filing" rules. Since you'll be eligible for both survivor benefits and potentially your own retirement benefits in the future, understanding how these interact is crucial for maximizing your lifetime benefits. Also, keep in mind that survivor benefits aren't subject to the earnings test once you reach full retirement age, unlike regular retirement benefits. This could affect your decision about when to claim if you're still working. The fact that your husband worked for 31 years with good earnings should mean a decent survivor benefit for you. Hang in there - you're almost at the finish line!
After reading more on the SSA website, I want to clarify something important - not ALL teachers/firefighters/public employees will see a benefit increase. The change only affects those who receive pensions from work not covered by Social Security (about 28% of state/local public employees). If you paid SS taxes throughout your career, you weren't affected by WEP/GPO in the first place, so you won't see changes. Just wanted to mention this since I've seen some confusion on other forums!
Exactly! I've been trying to explain this to my coworkers. I worked for the feds under CSRS (no SS taxes) while they're under FERS (pays into SS). They keep asking when they'll get their increase, and I keep telling them they won't because they weren't subject to WEP or GPO to begin with! The confusion around this is crazy.
For those waiting on these adjustments, here's what I've learned after researching the implementation process: 1. The SSA is currently focusing on processing NEW claims correctly without applying WEP/GPO 2. For existing beneficiaries like most of us, they're developing both manual and automated processes to recalculate benefits 3. If you're receiving Social Security now with a WEP reduction, you don't need to reapply - they'll eventually adjust your benefit automatically 4. If you never applied for spousal/survivor benefits because GPO would have eliminated them, you should apply now 5. If you pay your Medicare premiums directly (rather than having them deducted from SS), continue doing so until notified otherwise The SSA webpage for the Fairness Act has an option to subscribe for updates, which might be helpful: https://www.ssa.gov/fairness-act
Thank you for this detailed information! I just subscribed for updates. One thing I'm wondering - since my husband is still alive, I haven't applied for survivor benefits because of GPO. But should I apply for spousal benefits now? Would that be something different? I'm not sure I understand the difference or if I'm eligible for both.
Just to add one important detail: when you apply for disabled widow benefits under this policy, make sure to bring both your SSDI award letter and recent medical records. Even though they won't require a full medical review, they'll still want to verify your condition hasn't improved significantly since your original determination. Also, be prepared for the fact that the field office staff might not be familiar with the term "collateral estoppel" specifically. You might need to explain that you're referring to the policy that allows them to use your existing disability determination for your widow's claim. Some offices are more up-to-date on policy changes than others.
That's a great point about the field office staff possibly not knowing the terminology. I'll make sure to explain it clearly and bring all my documentation. Would it be better to apply online or in person for something like this? I'm wondering which would give me a better chance of having it processed correctly under this policy.
For something like this where you're relying on a specific policy, an in-person appointment is usually better if you can manage it. That way you can explain the situation directly and make sure they understand what you're requesting. If that's not possible, applying online and then following up with a scheduled phone appointment would be my next recommendation.
I want to thank everyone who's shared their experiences and knowledge here. As someone who's been putting off applying for disabled widow benefits because I was dreading another medical review process, this thread has been incredibly informative and encouraging. It's frustrating that SSA doesn't do a better job communicating these policy changes - I had no idea about the collateral estoppel option until I saw it mentioned at my support group. But I'm grateful for communities like this where we can share information and help each other navigate this complex system. I'm definitely going to move forward with my application now. Based on everyone's advice, I plan to schedule an in-person appointment, bring all my SSDI documentation, and specifically explain that I'm requesting consideration under the collateral estoppel policy. Fingers crossed it goes smoothly! For anyone else in a similar situation - don't let fear of the process stop you from applying if you might be eligible. It sounds like this policy change really has made things easier for people who already have established disability determinations.
Quick update: SSA just published a new form specifically for Fairness Act GPO/WEP administrative waivers - Form SSA-545-F. It's streamlined for exactly this situation and specifically cites the Emergency Message guidelines. If you haven't submitted your waiver yet, use this form instead of the general waiver form. You can download it from ssa.gov or pick it up at your local office.
I'm so sorry you're going through this nightmare! As a new member here, I wanted to share that I'm dealing with a very similar situation - my late husband was a federal employee and I'm now facing a $4,800 overpayment demand after they reduced my survivor benefits by 75% due to his federal pension I receive. What's really helped me is connecting with other survivors in similar situations. There's actually a Facebook group called "GPO/WEP Survivors United" where hundreds of us are sharing resources and supporting each other through this mess. Many members have successfully gotten their overpayments waived using the strategies mentioned here. One thing I learned from the group is to document EVERYTHING - save all your correspondence with SSA, take screenshots of their website advice, keep records of every phone call (date, time, who you spoke with). This documentation becomes crucial for your waiver request. Also, don't let them intimidate you with collection threats. You have rights, and the emergency message Ethan mentioned is real - several group members have already had success with it. Stay strong and keep fighting!
Douglas Foster
I just remembered something else - when I got my lump payment it showed up as "XXSOC SEC" on my bank statement which was different from my regular monthly deposit that shows as "XXXXSSI". So watch for that.
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Haley Bennett
•Just a small correction - regular Social Security retirement benefits would show as "XXSOC SEC" on your statement, not "XXXXSSI". SSI (Supplemental Security Income) is a different program entirely from retirement benefits. But it's true that the lump sum payment might have a slightly different label on your bank statement than your regular monthly benefits.
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Atticus Domingo
I'm in a very similar situation right now! Started collecting at 62 last year and they've been withholding my benefits since September based on their estimate. I actually called last month and spoke to a representative who walked me through exactly what happens: 1. Once they receive your annual earnings report, it goes into their system for processing 2. The system automatically calculates whether you were over or under the limit 3. If you were under (like in your case), they issue what's called a "retroactive payment adjustment" 4. This comes as a separate deposit, usually within 30-60 days of processing your report The rep also told me that you can check the status online through your my Social Security account - there should be a section that shows pending actions or recent transactions. I've been checking mine weekly and it shows "Annual Earnings Report - Processing" since I submitted mine in February. One thing that helped put my mind at ease: she confirmed that you WILL get every penny back that was incorrectly withheld, plus they'll adjust your ongoing monthly benefits if needed. The system is actually pretty good about these calculations once it gets the correct information. Hope this helps ease some of your worry while you wait!
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