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Update: I went ahead and submitted my Request for Reconsideration today with copies of all my pay stubs. The representative at the field office initially gave me a hard time about having a waiver already pending, but when I explained I was disputing the calculation itself, she finally accepted it. Now I'm just anxiously waiting. Thank you all for your advice!
Great job! That was absolutely the right move. Make sure you keep copies of everything you submitted, and get a receipt if possible. Reconsiderations can take 2-3 months to process, so don't panic if you don't hear anything right away. If they start making deductions from your benefits before the reconsideration is complete, you can request that they temporarily stop the collection while your appeal is pending.
I went thru something like this but with Medicare premiums that they said I owed from 3 years ago?? I found out that if you request reconsideration they are supposed to pause collecting the overpayment until they make a decision. You might need to specifically ask for this though, they don't volunteer it!
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I think what might be confusing you is that your ex-husband is likely affected by WEP (which reduces his own earned benefit) while you're affected by GPO (which reduces spousal benefits). The recent legislation mainly addressed WEP, not GPO. From my understanding, the changes to WEP might increase your ex's benefit somewhat, but won't directly impact your GPO reduction. However, there might be some indirect effect if his primary insurance amount increases. The calculation is pretty complex, so it's definitely worth contacting SSA for a personalized review. The recent changes are still being implemented, so even the agents might need to double-check the updated rules.
That makes sense - so we're affected by different provisions even though it all stems from the same government pension. No wonder this is so confusing! I'll definitely need to speak with someone who can look at our specific situation.
One more thing to consider - when did you get divorced? If it was within the last couple of years, make sure SSA knows you were married for over 10 years (38 years in your case). Sometimes they miss that detail, which is crucial for ex-spouse benefits. Also, are you 62 or older? That's another requirement for ex-spouse benefits.
We divorced just last year, and I'm 67 now. The SSA representative did verify our marriage length when I applied, so I think they have that part right. I just wish they'd explained these WEP and GPO rules better when I applied!
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One more thing to consider: if you can't qualify for survivor benefits based on this marriage, check if you might qualify based on your previous marriage if it lasted at least 10 years. If you were married to your ex for 10+ years, you could potentially claim survivor benefits on his record when he passes (or even spousal benefits if he's still living and you're both old enough). Also, when you apply, bring any evidence that you held yourselves out as married to the community - joint bank accounts, insurance policies listing each other as spouses, deeds or leases showing both names, even holiday cards addressed to you as a married couple. SSA looks at the totality of circumstances in cases like yours.
Unfortunately my previous marriage only lasted 8 years, so that won't help. But the tip about bringing evidence we presented ourselves as married is super helpful! I have plenty of that - insurance policies, joint accounts, even our wills that refer to each other as spouses. I'll gather all of that before applying. Thank you!
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wait im confused now... so if her husband takes survivor benefits at 60 but keeps working until 62, would he lose some of those payments? and does the survivor benefit amount depend on when she dies or is it always the same?
Let me clarify both points: 1. Yes, if he claims survivor benefits before his FRA while still working, the earnings test would apply. For 2025, he can earn approximately $22,320 before benefits are affected. Above that, $1 in benefits is withheld for every $2 earned. So if he's earning substantially more than that limit, some or all of his survivor benefits could be temporarily withheld. 2. The survivor benefit amount is based on several factors: - If the deceased was already receiving benefits, the survivor benefit is generally based on that amount - If the deceased wasn't receiving benefits, it's based on what they would have received at their FRA - The survivor's age when they claim affects the percentage they receive (reduced if claiming before their own FRA) In the original poster's case, since she's already receiving SSDI, her husband's survivor benefit would be based on her current benefit amount (potentially with adjustments), then reduced if he claims before his FRA.
Thanks everyone for all the helpful information! Based on your responses, it sounds like our plan makes sense. My husband will probably wait until he actually retires at 62 to claim any survivor benefits (if I pass away before then) to avoid the earnings test issues. Then he can still switch to his own benefit at 70. Can anyone recommend the best way to get this strategy confirmed officially with SSA? Should we make an appointment at our local office or is there a specific department we should call?
For complex claiming strategies like this, I'd recommend scheduling an in-person appointment at your local SSA office. Bring documentation showing both your current SSDI benefit amount and your husband's latest Social Security statement showing his projected benefits at different ages. When you make the appointment, specifically request to speak with a "Technical Expert" rather than a regular Claims Representative. Technical Experts have more specialized training on complex benefits scenarios. You might also want to print relevant sections from SSA's Program Operations Manual System (POMS) about survivor benefits and switching between benefit types. This is the internal rulebook SSA employees use, and having the exact references can help ensure you get accurate information. The relevant sections are DI 10115 for SSDI conversion to survivor benefits and RS 00615 for switching between different benefit types. Finally, get any advice in writing if possible, or take detailed notes including the name of the SSA representative you speak with.
Ethan Clark
my cousin waited til last week of deadline to file reconsideration and then his internet went out! ended up having to drive 2 hours to nearest SSA office that had appointments! dont wait!
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Zara Shah
One more thing I forgot to mention - make sure you're seeing doctors who are willing to fill out an RFC (Residual Functional Capacity) form for you. That carries a lot more weight than just regular medical records. Your neurosurgeon might be willing to complete one after your consultation. This was a game-changer for my case after my initial denial.
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Sean Flanagan
•I've never heard of an RFC form before. Is that something I can download and bring to my doctor?
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Luca Ferrari
•Yes, you can find RFC forms online, or the SSA can provide one. It's essentially a detailed form where your doctor documents exactly what you can and cannot do physically (sitting, standing, lifting, etc.). Since the SSA denied you because they think you can return to your previous work, having your doctor specifically address why you cannot perform those job duties on an RFC form is extremely valuable evidence.
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