Social Security Administration

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One other thing - when he passes away, DON'T just accept what the first SSA rep tells you. I was initially told I wasn't eligible for my ex's higher benefit because he had remarried. That was WRONG. I had to speak to a supervisor who confirmed I was eligible. The rules are: 1) married 10+ years, 2) you're 60+ or 50+ if disabled, 3) not entitled to higher benefit on your own record. Your current marital status only matters if you're currently married (which you're not - widowed counts as unmarried).

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That's really helpful advice! I'm going to save all this information for future reference. It's frustrating that even SSA reps give incorrect information sometimes. I appreciate everyone's help explaining this.

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I've been following this discussion and wanted to add one more important detail that hasn't been mentioned yet. Even though you were married 12 years (which meets the 10+ year requirement), make sure you have copies of ALL your documentation ready NOW - marriage certificate, divorce decree, and when the time comes, death certificate. Also, consider this: if your ex-husband is getting $4400/month now but delays his benefits or has cost-of-living increases over the years, your potential survivor benefit could be even higher than $4400 when he eventually passes. The survivor benefit is based on what he was actually receiving (or entitled to receive) at the time of death, not what he's getting today. One last tip - keep track of his Social Security number if you have it. SSA will need it when you apply for survivor benefits, and it can speed up the process significantly.

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Just wanted to add something important that I learned the hard way - make sure your wife understands that ANY work activity counts toward the earnings limit, including self-employment, freelance work, or even selling items online if it becomes regular income. I had a friend who got into trouble because she was doing some craft sales on the side and didn't realize those earnings needed to be reported too. Also, if she does start working, keep copies of all pay stubs and work schedules. SSA can ask for documentation going back years if there's ever a question about her earnings history. The record-keeping is tedious but absolutely essential for protecting her benefits.

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That's such an important point about all types of work counting! I hadn't even thought about craft sales or online income - my wife does occasionally sell some handmade items at local markets. We'll definitely need to track that too if she continues. The documentation advice is also really valuable - sounds like keeping detailed records is just as important as staying under the earnings limit. Thank you for sharing what you learned from your friend's experience!

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As someone who went through this transition myself a few years ago, I want to emphasize how important it is to get everything in writing from SSA. When I was approaching my FRA, I received conflicting information from different representatives - one told me the monthly limit was lower than it actually was, and another said the conversion to retirement benefits might not be automatic. I ended up requesting written confirmation of my earnings limits and the conversion process through my online SSA account. This saved me a lot of stress and confusion later. Also, if your wife does decide to work, consider having her employer pay her on a consistent schedule (like monthly) rather than irregularly, as this makes tracking and reporting much easier. The transition period can be tricky, but once you hit FRA, the relief of no earnings restrictions is wonderful!

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Thank you all for the clarification. It's disappointing to hear that GPO wasn't addressed in these changes. My husband worked for 31 years as a teacher while I worked in retail and paid into Social Security. Now I lose most of my spousal benefits because of his pension, even though I paid into the system myself. I'll try contacting my representative to ask about future legislation addressing GPO. It seems many of us are in similar situations.

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AstroAce

Good luck! I've been writing to my congressman for YEARS about this and nothing ever happens. They don't care about us.

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I'm also affected by GPO and have been following this closely. What everyone is saying is correct - the recent changes only apply to WEP, not GPO. The Social Security Fairness Act that was signed into law modified the WEP calculation but left GPO completely untouched. For those asking about pending legislation, there have been various bills introduced over the years to address GPO (like H.R. 82 in previous sessions), but none have made it through the full legislative process yet. The challenge is that eliminating GPO would be extremely expensive for the Social Security system. I know it's frustrating - I worked 25 years in the private sector paying into Social Security, but my spousal benefits are reduced by 2/3 because of my own small teacher's pension. It feels like we're being penalized twice. Keep contacting your representatives though - the more voices they hear, the better chance we have of getting GPO addressed in future legislation.

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Thank you for that detailed explanation! As someone new to understanding these provisions, it's helpful to hear from people who've been following this closely. I'm curious - do you know roughly how much eliminating GPO would cost the Social Security system? I'm trying to understand why lawmakers seem more willing to address WEP than GPO. Is it just the cost difference, or are there other political/policy reasons?

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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!

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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.

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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

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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.

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Just wanted to add one more thing that might help - if you do decide to apply for survivor benefits at 60 while still working, you can actually request to have federal taxes withheld from your Social Security payments. This might be useful since the survivor benefits could push you into a higher tax bracket. You can choose to have 7%, 10%, 12%, or 22% withheld when you apply. Also, don't forget that survivor benefits aren't subject to the same "file and suspend" restrictions that regular retirement benefits have - you have more flexibility to start and stop these benefits if your situation changes. Good luck with whatever you decide!

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This is really helpful information about tax withholding! I hadn't even thought about the tax implications of receiving survivor benefits while still working. The flexibility you mentioned about being able to start and stop these benefits is reassuring too - it sounds like I won't be locked into a bad decision if my work situation changes. I'm definitely going to ask about all these options when I call SSA. Thanks for adding this detail!

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I went through this exact situation about 3 years ago when my ex-husband passed away. I was 61 at the time and had been divorced for 12 years after a 15-year marriage. The folks here are giving you good advice - you CAN apply at 60 regardless of what age your ex would have been. What I wish someone had told me is to gather ALL your documents early. You'll definitely need your marriage certificate and divorce decree, and yes, they will likely ask for his death certificate too. I had to request a copy from the county where he died since I didn't have one. Also, if you have any old tax returns or W-2s that show his earnings history, bring those too - it can help speed up the process. The SSA office was actually pretty helpful once I had all my paperwork in order. One more tip: if you're planning to keep working, run the numbers carefully. I was earning too much and decided to wait until my FRA to avoid the earnings test hassle. But every situation is different, so definitely talk to them about your specific circumstances.

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