Important point that hasn't been mentioned yet: When your husband goes to SSA about this issue, he should specifically request a "GPO recalculation based on pension amount change." This uses specific language their systems recognize. Also, the timing matters here. If your husband was denied in October 2023, and the pension decreased in January 2024, you're dealing with a subsequent change in circumstance rather than an incorrect initial determination. This is why the reopening request based on new and material evidence is the correct approach. One more thing - make sure he brings proof that the pension decrease is permanent and not temporary, as that affects how they process the adjustment.

i just remembered something that might help u guys. my friends wife had something like this happen and she said that even though they were past the appeal deadline they were able to get backpay by filing whats called a "good cause" statement explaining why they didnt report the change sooner. might be worth asking about that too when u go in.

my dad always said never take SS early cuz of all these crazy rules! to many headaches lol

To answer your question from earlier - typically, SSA will continue recovery efforts while a reconsideration is pending, meaning benefits could remain suspended. However, you can specifically request that recovery be paused during the appeal process. This isn't automatically granted, but it's worth requesting. Also, something important to note: if your husband has stopped working completely now, make sure SSA knows this. Once he has a month where he's below the earnings limit AND no longer working (or working very limited hours), benefits should resume for that month forward, regardless of the overpayment from previous months. The critical forms you need are: - SSA-561 (Request for Reconsideration) - SSA-632 (Request for Waiver of Overpayment Recovery) - SSA-634 (Request for Change in Overpayment Recovery Rate) Submit all three to cover all your bases. The SSA-634 specifically addresses the 10% withholding you were initially offered.

I just had a thought - have you considered if it might be better to withdraw your application entirely and then refile in 2025 when the new GPO rules take effect? That might reset your entitlement date and reduce those early filing penalties. Though I'm not sure if there are downsides to this approach... anyone know?

my father in law got burnt by GPO so bad... worked 40 years for the county and gets zero ss even though he paid in for 10 years at a second job. this whole system is garbage

If you don't mind me asking, what conditions are you dealing with? Some conditions have much higher approval rates than others.

my mom is getting benefits from my dad and they divorced like 30 years ago so yeah it definitely works for exes

I need to apologize for my earlier incorrect information! I was confusing the rules for spousal benefits with survivor/widow benefits. The other commenters are correct - you CAN switch from widow benefits to your own retirement benefits if yours would be higher. I'm so sorry for the confusion I caused.

When you contact SSA, make sure you have your recent tax returns handy. They may want to verify your earnings for the recalculation. Also make sure to specifically ask about: 1. What your current widow benefit amount is (with exact figures) 2. What your own retirement benefit would be if you switched now 3. Whether waiting longer to switch would increase your own benefit further Get all three numbers so you can make an informed decision. And consider asking them to document this in your file, even if you don't make a change immediately.