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Just to offer another perspective - the SSA is COMPLETELY OVERWHELMED with applications right now specifically because of the Fairness Act changes. Thousands of government pensioners who previously wouldn't qualify for spousal benefits are now applying all at once. I work with several retired teachers who've been dealing with this exact situation. The system wasn't prepared for this volume of GPO-affected applications requiring manual review. The most efficient approach is to: 1. Wait 4 weeks from your original application date 2. If you haven't heard anything, try to speak with someone (good luck with that) 3. If you can't get through by phone, schedule an in-person appointment 4. Bring ALL documentation showing your pension amount, when it started, and proof of your marriage The specialists who handle these calculations are backlogged about 10-12 weeks right now, so patience is unfortunately necessary.
My wife just went through this! Retired nurse with state pension applying for spousal on my record. Got the EXACT same email as you - the "not enough credits" one with no mention of spousal benefits. She panicked and reapplied which was a HUGE mistake!!! Basically reset the clock after already waiting 6 weeks. If I could offer one piece of advice: DO NOT REAPPLY! What worked for us was going to the local office in person. They confirmed her original application was being processed correctly despite the misleading email. Took another 5 weeks after that visit but she finally got approved last month.
That's really helpful to know. Was her benefit reduced a lot because of her pension? I'm trying to estimate what I might actually receive with the new rules.
My neighbor was in this exact situation (teacher married to private sector worker) and was told by their financial guy the repeal was
Another important consideration: Since you mentioned your ex-husband was a high earner and you worked in education, have you checked if you might be subject to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO)? If you receive a pension from work not covered by Social Security (like some public school systems), it could affect your benefits.
I just want to say its really smart that your planning ahead like this. When my husband passed suddenly I was completely unprepared for all the complex benefit decisions and probly made some costly mistakes. Wishing you and your ex the best!!
When my mother had a similar issue with SSA misclassifying some income, we ended up contacting our Congressional representative's office. They have caseworkers who deal with federal agencies, and they contacted SSA on her behalf. The issue was resolved within 3 weeks after struggling for months on our own. Might be worth considering if your local office visit doesn't help.
And watch out for the tax implications too!! If they eventually rule in your favor and pay back all the money they took, they might count THAT as income for the year they repay you!!! The whole system is a NIGHTMARE of circular problems!!!
This is partially correct. If they repay withheld benefits, it's not counted as new income, but you may need to file an amended return for the tax year in which the overpayment occurred. The IRS has specific rules for Social Security repayments under the "claim of right" doctrine. You'll want to consult with a tax professional when this is resolved.
Ravi Patel
my nephew works for SS and says always wait till ur actual FRA month to file unless u really need the money now. something about actuarial calculations favoring the later date even if by just a month or 2.
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Natasha Petrova
•Your nephew is right about the actuarial calculations. Each month of retroactive benefits reduces the monthly amount by approximately 0.5%. While this sounds small, over a 20+ year retirement, that can add up to thousands of dollars. The break-even point (where waiting for the higher amount pays off) is typically around 10-12 years for most people.
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Emma Davis
To add some specific numbers to this discussion: If your husband's PIA (Primary Insurance Amount) at 67 is $3,000 for example, taking benefits 2 months early (November instead of January) would reduce it by about 1% to approximately $2,970 per month. That's $30 less every month for life. However, he would receive two extra payments of $2,970 (about $5,940 total). The break-even point would be around 198 months (16.5 years). If he lives longer than that, waiting until January would provide more lifetime benefits. Also remember that any future COLAs will be calculated on the lower base amount if he takes retroactive benefits. As others have suggested, getting the exact calculations from SSA for your specific situation is the best approach.
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Oliver Becker
•Thank you so much for doing that math! That really puts it in perspective. Since his family tends to be pretty long-lived (his parents both made it to their mid-90s), it probably makes more sense to wait for the January start date. I appreciate everyone's help with this decision!
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