Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.

I went through this exact same situation last year! I was so worried about answering that question wrong on my application. I receive part of my ex-husband's teacher retirement pension through our divorce settlement, and I was terrified it would mess up my own Social Security benefits. After reading through all the paperwork carefully and talking to a SSA representative, I confirmed that since it was HIS employment where he didn't pay into Social Security (not mine), it doesn't affect my benefits at all. I answered "No" to that question and had zero issues. The key thing to remember is they're asking about YOUR work history, not pensions you receive from someone else's work. Good luck with your application!

Update: I called my local SSA office this morning and finally got through! The representative confirmed the WEP formula has changed and I can withdraw my application. She's sending me the SSA-521 form today. She couldn't tell me exactly how much more I'll get under the new formula, but indicated it would be "substantially more favorable" in my case since I have 29 years of mixed earnings. I'll post another update once I know the exact numbers. THANK YOU all for your help!!!

This is such valuable information! I'm a newcomer here but dealing with a very similar WEP situation. I worked 15 years for the state highway department and then 20 years in private sector jobs, but my SS benefit is getting reduced by about $380/month because of my small state pension. I had no idea about the Reform WEP Act or that you could withdraw and refile your SS application! This gives me hope that I might be able to get some relief from this unfair reduction. @Edward McBride - please definitely keep us posted on your results! And thank you to everyone who shared such detailed information about the new rules. This community is incredibly helpful for navigating these complex government benefit issues. I'm going to look into the withdrawal option for my own situation. Has anyone here had experience with how long the whole process takes from withdrawal to getting payments restarted under the new formula?

My cousin had to fight for MONTHS to get her survivor benefits!!! She was married for 22 years but SSA kept saying they couldn't "verify" the marriage even tho she had the certificate!!! Make sure both ladies bring EXTRA copies of EVERYTHING and get names of EVERYONE they talk to!!!

I'm so sorry for your loss, Luca. This is incredibly helpful information for anyone dealing with similar situations. It's great that you were able to get through to SSA and get official confirmation. One thing I'd add based on my experience helping my elderly neighbor - both women should also ask about any potential cost-of-living adjustments (COLA) that might affect their benefits going forward. The SSA rep can explain how these annual adjustments work with survivor benefits. It sounds like you've been a wonderful advocate for both your mom and stepmom during such a difficult time. Wishing your family all the best as you navigate this process.

DON'T TRUST WHAT THEY TELL YOU AT THE FIELD OFFICE!!! My mom was a widow and they told her THREE DIFFERENT THINGS on three different visits! The entire survivor benefit system is designed to confuse people so they take a lower amount than they're entitled to. ALWAYS get a second and third opinion before filing any paperwork. The rules are intentionally confusing and most SSA employees don't understand them correctly!!!

I'm so sorry for your loss, Ava. Navigating survivor benefits during grief is incredibly difficult, and the SSA's explanations can be confusing even under the best circumstances. The advice you've received here is excellent - the 71.5% is indeed applied to your husband's PIA, not his actual benefit amount. Since your husband claimed at 67 (which was likely past his FRA), he was receiving delayed retirement credits that increased his monthly payment above his PIA. One thing I'd add: when you go back to SSA, ask them to print out a "What If" scenario report. This will show you exactly what your survivor benefit would be at different claiming ages (60, 62, your FRA, etc.) and help you make an informed decision about timing. Also consider that if you're currently working and earning $28,000/year, you might want to calculate whether the earnings test reduction makes it worth waiting until 62 when the percentage increases and you're closer to the earnings limit becoming less of an issue. The strategy of taking survivor benefits now and switching to your own retirement benefit at 70 is solid if your own benefit will be higher. Just make sure to get all the projections in writing so you can plan accordingly.

Based on follow-up comments, I want to clarify one more thing - your friend should consider her claiming strategy carefully. At 62, she could: 1. Claim her OWN reduced retirement benefit now and later switch to 100% of her husband's benefit at her FRA OR 2. Claim the reduced survivor benefit now (71.5%) and later switch to her own benefit at age 70 if it would be higher with delayed retirement credits This decision depends on their relative benefit amounts. SSA should calculate both scenarios for her.

I'm so sorry for your friend's loss. As a newcomer here, I'm learning a lot from this discussion! One thing I wanted to add that might help - when my aunt went through something similar, the SSA representative told her to bring copies of ALL the documents mentioned (marriage certificate, death certificate, etc.) rather than originals, since they can make their own certified copies. She was worried about losing important documents in the mail or during processing. Also, I noticed someone mentioned the earnings limit if she plans to work. Just wanted to emphasize that this only applies if she takes benefits before her Full Retirement Age. If she can afford to wait, working won't affect her survivor benefits once she reaches FRA. The strategic planning advice about when to claim which benefits sounds really complex - definitely something she should have SSA walk through step by step with actual dollar amounts so she can make the best decision for her situation.