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Will my disabled adult child get increased survivor benefits after WEP repeal when my ex-husband dies?

I've just found out my ex-husband has terminal cancer with maybe 6 months left. We have a disabled adult daughter (29) who receives DAC benefits on his record - currently $837 per month. My ex-husband's Social Security has been reduced by WEP due to his federal pension. With the WEP repeal passing, he probably won't live to see those increased benefits himself. My question is: when he passes and our daughter starts receiving survivor benefits (at 75% of his PIA), will those survivor benefits include the WEP repeal increase even though he never actually received the higher amount? I'm trying to plan for her future care and every dollar matters for her trust fund. Thanks for any insights from those who understand these complicated rules.

One critical thing to watch for: When your ex passes and your daughter switches to survivor benefits, SSA may initially calculate the benefit incorrectly. Be prepared to appeal if the amount seems wrong. Request a detailed explanation of the calculation in writing. The formula they should use is 75% of his PIA without WEP reduction. Also, ensure your daughter's Medicare premiums (if applicable) are correctly adjusted with the benefit change. And remember that any month-of-death payment would go to whoever was living with him, not automatically to your daughter.

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These are excellent points I hadn't considered. She does have Medicare, so I'll watch for those premium adjustments too. He lives alone currently, so I'll need to figure out the month-of-death payment situation as well. Thank you!

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I'm dealing with a similar situation with my own disabled son and WEP complications. One thing that helped me was getting a written statement from SSA about how they would calculate his future survivor benefits. When I finally got through to a knowledgeable representative, I asked them to send me a letter explaining the calculation methodology they would use when the time comes. Having that documentation has given me peace of mind and will hopefully prevent errors later. You might want to request the same - ask them to put in writing exactly how your daughter's survivor benefits will be calculated under the new WEP repeal rules. It's one more layer of protection against potential mistakes during an already difficult time.

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Confused about survivor benefits after WEP/GPO repeal - can I get 100% before FRA?

I'm really puzzled about my survivor benefits calculation after the WEP/GPO repeal. I'm 62 and retired from state government after 28 years (thank goodness that nasty GPO is gone!). My husband passed away when I was 47, and I finally have a phone appointment with SSA next month on March 15th to discuss my options. I found my late husband's Social Security earnings statement and plugged everything into that downloadable SSA detailed calculator program. When looking at the results, the Re-indexed Widow Amount section shows I'd receive what looks like the full PIA if I had started collecting in January 2025 when he would have been 65 years and 8 months old (I'm currently 62 years and 3 months). This doesn't make sense to me - I thought survivor benefits were reduced unless you wait until your own FRA to claim them? I'm nowhere near my FRA yet. The calculator shows about $2,675 monthly - is that really what I'll get? I feel like I must be misinterpreting something in these calculation results. Has anyone else dealt with survivor benefits calculations since the WEP/GPO repeal went through? I'm worried about making a claiming mistake that could cost me thousands.

Looking at what you described, I think you're misinterpreting the calculator results. The Re-indexed Widow Amount (RIW) is part of a complex calculation called the RIB-LIM rule that SSA uses for survivor benefits. It's not the final amount you'll receive. Since you're only 62, your survivor benefit will be reduced because you're claiming before your FRA. The reduction is approximately 0.396% per month before your FRA. The $2,675 figure might represent the full PIA amount, but your actual benefit would be reduced for early claiming. I'd estimate you'd receive closer to $2,175-$2,225 if you claim now versus waiting until your FRA for the full amount. When you have your phone appointment, ask specifically about the difference between claiming now versus waiting, and make sure they're accounting for the WEP/GPO repeal in their calculations.

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Thank you so much for explaining! That makes much more sense. I've been looking at the RIW amount thinking it was my actual benefit. I'll definitely ask about the difference between claiming now versus at my FRA during my appointment. Is there anything specific I should mention about the WEP/GPO repeal to make sure they're calculating it correctly? I've heard some people say the SSA reps are still figuring out how to implement the changes.

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I had the same issue when calculating my survivor benefits last year! The SSA detailed calculator is NOT user-friendly at all. When I finally got through to SSA (after calling for 3 straight days), the representative explained that I was looking at the wrong section. For survivor benefits before FRA, they apply a reduction factor based on how many months early you're claiming. In my case, claiming at 63 resulted in about a 13% reduction from what I would have received at my FRA. If you're having trouble getting through to SSA, I'd recommend using Claimyr.com - it saved me hours of frustration. They connect you directly to an SSA agent, usually within 10-30 minutes instead of waiting on hold all day. You can see how it works in this video: https://youtu.be/Z-BRbJw3puU The SSA agent can calculate your exact benefit amount with the reduction factors applied correctly.

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That service sounds helpful! My appointment isn't for another month, and I'm anxious to know the numbers sooner. Did the SSA agent you talked to seem knowledgeable about all the WEP/GPO changes? I'm worried they might not calculate it correctly since the repeal is still relatively new.

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The agent I spoke with was actually very knowledgeable about the WEP/GPO repeal! They had all the updated information and were able to walk me through exactly how the changes affected my situation. Since the repeal went into effect at the beginning of this year, most of the representatives seem to have been trained on the new rules. Just make sure to mention upfront that you have a government pension so they know to factor in the GPO elimination when calculating your survivor benefits. The difference can be substantial - in some cases hundreds of dollars per month that would have been reduced under the old rules.

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Will Social Security survivor benefits be reduced if I file 6 months before my FRA? Ex-spouse in hospice

I just turned 66 and decided to file for my retirement benefits 6 months before my full retirement age (66.5). My situation is complicated because my ex-husband (we were married for 27 years) has recently entered hospice care. I know filing early reduces my own retirement benefit by about 3.3%, which I've accepted, but I'm confused about how this might affect any potential survivor benefits. If my ex-husband passes away, would my survivor benefit also be permanently reduced because I filed for my own retirement early? He's 68 and started collecting his benefits early due to his terminal diagnosis about a year ago. I've tried calling the SSA three times but keep getting disconnected after waiting for almost 2 hours each time. I'm really stressed about making the right decision during this difficult time. Any insights would be so appreciated.

To clarify the earlier discussion about benefit amounts: If your ex-husband passes away, the survivor benefit you'd be eligible for would be subject to the RIB-LIM rule that another commenter mentioned. This rule means that your survivor benefit would be limited to the higher of: 1. The reduced benefit your ex-husband was receiving, or 2. 82.5% of his Primary Insurance Amount (PIA, which is what he would have received at his FRA) This is why it's critical to speak with SSA about your specific case - the calculations are complex and depend on multiple factors including your ex-husband's age when he claimed benefits, his PIA, and when you would claim the survivor benefits. Regarding switching benefits: If your own reduced retirement benefit is less than what your potential survivor benefit would be, SSA will automatically supplement your benefit up to the survivor amount when you apply for survivor benefits after your ex passes away.

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Thank you for this detailed explanation. The RIB-LIM rule sounds complicated, and I definitely need to speak with SSA about my particular situation. I appreciate everyone's help in understanding these complex rules!

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I'm so sorry to hear about your ex-husband's condition and the stress you're going through trying to get answers from SSA. Based on what others have shared here, it sounds like you're in a complex situation that really needs personalized guidance. From what I understand reading through these responses, the key points seem to be: - Your early filing for retirement benefits shouldn't affect future survivor benefits - You can only receive one benefit at a time (whichever is higher) - The survivor benefit calculation involves complex rules like RIB-LIM that depend on your specific circumstances Given that you've already started receiving your retirement benefits and your ex-husband is in hospice, I'd strongly recommend trying that Claimyr service someone mentioned to actually speak with an SSA representative. With such a time-sensitive and emotionally difficult situation, you really need someone who can look at both your records and give you personalized advice about your best options going forward. Thinking of you during this difficult time. I hope you're able to get the guidance you need soon.

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Social Security spousal benefits confusion with foreign pension after GPO repeal - can I get retroactive payments?

I'm completely confused about my eligibility for Social Security spousal benefits now that the GPO/WEP repeal has passed. I became a US citizen in 2022 but have been a green card holder since 2014. My American wife started collecting her SS benefits in 2020 when she turned 62. I reached my FRA in 2018 but never applied for spousal benefits because I receive a pension from Canada, and I was told by SSA that the GPO would wipe out any spousal benefits I might receive. Here's where I'm confused: I found conflicting information in the SSA documents. The 2016 SSA Program Explainer says my foreign pension would trigger GPO and eliminate spousal benefits. But then I found POMS TN 41 (06-22) GN 02608.100 that clearly states "Foreign Pensions are not considered pensions for GPO purposes"! I finally applied online on January 5, 2024, right after President Biden signed the GPO/WEP repeal. My application was actually prepared and saved on 12/29/2023, and SSA acknowledged that this date "MAY" be used as my official application date. My big question: When should my spousal benefits actually start? - January 2024 (repeal effective date)? - June 2023 (6 months retroactive from December filing)? - Or all the way back to 2020 when my wife first started collecting? I feel like the SSA gave me incorrect information that cost me years of benefits! Has anyone dealt with this situation? I should be eligible for 50% of my wife's PIA since I'm well past FRA.

Just wanted to update everyone. I was finally able to speak with someone at SSA thanks to the Claimyr service mentioned above. The agent confirmed that foreign pensions don't trigger GPO (and never did). I've been approved for spousal benefits with 6 months of retroactive payments for now. I'm also filing the misinformation claim (SSA-795) to try to get benefits back to when my wife first started collecting in 2020. The agent seemed to think I have a strong case since their own published materials contained contradictory information. I'll update again when I hear about the misinformation claim. Thanks everyone for your helpful advice!

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That's great news! When you file the misinformation claim, be very specific about which SSA publication misled you (that 2016 Program Explainer you mentioned) and how it directly caused you not to apply. If possible, include a copy of it with your claim. Also emphasize that you relied on official SSA documentation, not just verbal advice. Good luck!

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Congratulations on getting through to SSA and getting your spousal benefits approved! Your case is a perfect example of why it's so important to push back when something doesn't seem right. The fact that you found contradictory information in their own publications (the 2016 Program Explainer vs. POMS TN 41) shows this wasn't just a simple misunderstanding - it was a documentation issue on their end. For your misinformation claim, I'd recommend being very detailed about the timeline - specifically that you could have applied as early as 2020 when your wife started collecting, but relied on the incorrect 2016 SSA publication that stated foreign pensions would trigger GPO. Since you were already past your FRA in 2018, there was no reason to delay once your wife started collecting. The key is showing you acted reasonably by relying on official SSA guidance. Keep us posted on how the SSA-795 claim goes - your experience could help others in similar situations!

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Survivor benefits confusion - did I miss checking a box for my spouse on my Social Security application?

I'm really worried I might have messed up my Social Security paperwork. When I applied for my retirement benefits last month, I vaguely remember there being something about survivor benefits or a box to check about my spouse. But I was so focused on getting my own benefit amount right that I can't remember if I actually checked it. Does anyone know if my wife will automatically get survivor benefits when I pass away? Or did I need to specifically mark something on my application? I'm 68 and she's 64, if that matters. This has been keeping me up at night thinking I might have shortchanged her future income.

doesnt matter what u checked or didnt check. my mom got my dads SS after he died but she had to go apply for it they dont do anything automatic. SS never makes anything easy lol

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You can breathe easy! There's no special box you needed to check for survivor benefits. Your wife's eligibility for survivor benefits is automatic based on your marriage and your Social Security record - it doesn't depend on anything you did or didn't mark on your retirement application. The confusion is totally understandable because Social Security has so many different types of benefits (retirement, spousal, survivor) that people often mix them up. But here's the key point: survivor benefits are completely separate from your retirement benefit application. When the time comes, your wife will need to apply for survivor benefits herself (she can't do it online, has to call or visit an office), but your retirement application from last month has no bearing on her future eligibility. Since you claimed at 68, she'll potentially be able to receive your full benefit amount as a survivor benefit. So please stop losing sleep over this - you didn't mess anything up!

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