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Quick update - I called SSA yesterday using the Claimyr service I mentioned and got through in about 20 minutes. The agent confirmed that with the WEP/GPO repeal, you'll receive the higher of either your own benefit or the spousal benefit automatically. In my case, even though my own benefit was lower than 50% of my spouse's PIA, they still calculated and compared both options before determining which to pay me.
I'm in a very similar situation - CSRS retiree at 66, spouse already collecting SS, and I've been waiting for the WEP/GPO repeal to file. Reading through all these responses, I think I'll go with the hybrid approach: apply online first to establish that protective filing date, then use one of these callback services to speak with someone knowledgeable about the calculations. One thing I'm curious about - for those who've already gone through this process post-repeal, how long did it take from application to first payment? I know they say 3-5 months typically, but with all the CSRS folks applying after the repeal, I'm wondering if there are delays. Also, Christopher, make sure you have your W-2s from your federal employment years handy. Even though they shouldn't need them with the repeal, some agents still ask for documentation showing your covered earnings under Social Security during any non-CSRS employment you might have had.
Thank you all for the helpful information! I think I understand the situation better now. My husband would still likely benefit from the spousal boost even with filing early, but: 1. He can't receive ANY spousal benefits until I file at my FRA 2. He needs to explicitly request spousal benefits when applying 3. He'll get his own reduced benefit PLUS potentially an additional amount to reach the reduced spousal benefit level I think we need to run some calculations and possibly consult with SSA directly before making our final decision. I appreciate everyone sharing their experiences and knowledge!
That's a perfect summary of the situation. One additional note: when calculating the potential benefit, remember that your husband filing at 65 means his own benefit will be reduced from $1252, and his potential spousal benefit will be reduced from the maximum of $1666.50. The exact calculations can get complex, which is why consulting with SSA directly is a good plan.
Just wanted to add one important point that might help with your planning - you mentioned your husband is planning to retire at 65, but remember that he doesn't have to file for Social Security benefits just because he retires from work! If you have other sources of income (401k, savings, etc.) to bridge the gap, he could potentially retire at 65 but delay filing for SS until you claim at your FRA. That way he'd avoid the early filing reduction on both his own benefit AND any spousal benefits. Of course, this only works if you can afford to wait, but it's worth considering since the financial impact of those reductions lasts for life. The break-even analysis between claiming early vs. waiting can be tricky, especially when spousal benefits are involved.
This is such a helpful thread! I'm actually in a similar boat - getting divorced and my ex worked for the state while I've always worked private sector jobs. Reading through all these responses has been really reassuring. The key takeaway seems to be that WEP only applies if YOU personally worked in non-covered employment, not if you receive pension money from someone else's non-covered work through divorce. @Liv Park, I'm definitely going to follow your lead and get something in writing from SSA before I file for my benefits in a few years. Thanks everyone for sharing your knowledge and experiences!
Welcome to the community! I'm glad this thread has been helpful for your situation. It's really reassuring to see how many people have dealt with similar circumstances. The consensus from everyone here seems pretty clear - as long as you've been paying into Social Security throughout your career, WEP shouldn't apply just because you're receiving a portion of your ex's pension through divorce. But definitely get that written confirmation like Liv is doing! These rules can be so confusing and it's always better to have official documentation. Best of luck with your divorce proceedings and future Social Security planning!
This thread has been incredibly informative! I'm a Social Security disability attorney and I see confusion about WEP/GPO issues all the time. You're all absolutely correct that WEP only applies when the individual personally worked in non-covered employment. @Liv Park, your situation is a textbook example of where WEP should NOT apply - you've paid into Social Security your entire nursing career, and receiving a portion of your ex-husband's pension through divorce decree doesn't change that. The fact that PERS sends the payment directly to you doesn't make it "your" pension from non-covered employment. It's still considered property division from divorce. Getting written confirmation is smart, and asking for the specific POMS citation (likely RS 00605.364 for your situation) will help ensure consistency if you need to reference it later. Working those extra 2 years to hit 30 years of substantial earnings is also a great safety net, though it shouldn't be necessary in your case.
My two cents - make sure when you apply that you specify you want benefits to START in May 2025 (your FRA month), not that you're APPLYING in May. You can actually apply up to 4 months before you want benefits to begin. So you could apply in January or February but specify May as your benefit start month.
Based on everyone's helpful responses, it sounds like you're in great shape! I'm actually in a similar situation - planning to retire next year with a gap before my FRA. One thing I'd add is that you might want to create a my Social Security account at ssa.gov if you haven't already. You can see your complete earnings history there and get an estimate of your benefits. It really helped me visualize how the highest 35 years calculation works. Plus, having that account set up will make the application process smoother when you're ready to file. Good luck with your retirement planning!
Eloise Kendrick
When my wife hit FRA last year they suddenly DECREASED her survivor benefit without ANY WARNING!!! Said something about the 'family maximum' we never heard about before. And they gave us a $5,700 OVERPAYMENT notice!!! The whole system is DESIGNED to confuse people!!
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Lucas Schmidt
•That's unfortunately a common scenario with family maximum situations, but it's unrelated to the OP's direct deposit question. Family maximum limits apply when multiple family members receive benefits on the same record, and it can cause surprising adjustments at certain age milestones. For the original poster, this shouldn't be a concern since their question is about direct deposit accounts for existing benefits, not about benefit calculations changing.
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Malik Johnson
I had a similar experience with SSA reps making changes I didn't request! When I called to update my address last year, they somehow also changed my withholding elections without me asking. It took three more calls to get it sorted out. For your situation, definitely call back and be very specific about what you want. I've found it helps to ask them to repeat back exactly what changes they're making before they process anything. Also, consider calling early in the morning (like right at 8 AM) - the wait times are usually shorter then. The good news is that direct deposit changes are usually pretty straightforward to fix once you get through to someone who knows what they're doing. Just be persistent!
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Liam McGuire
•That's a great tip about calling right at 8 AM - I'll definitely try that! And yes, asking them to repeat back the changes sounds like a smart approach. It's frustrating that we have to be so careful about these things, but I guess that's just how it is with SSA. Thanks for the advice about being persistent too. I'm hoping I can get this resolved quickly since it really should be a simple fix.
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