
Ask the community...
My cousin retired as a teacher last year and they told her something about a 5-year lookback period for the GPO? Does anyone know what that means with the new law?
The 5-year lookback likely refers to the old provision where if you paid into Social Security for your last 5 years of government employment, you might be exempt from GPO. This is different from the new phased relief. These rules are complex and often misunderstood even by some SSA employees, which is why getting personalized advice is crucial.
just remembered somethin else! the person we talked to said if ur wife takes her teacher pension early it might actually help with the GPO calculation bcuz the penalty is based on the pension amount! not sure if thats good advice but thats what they told us
While technically true that a lower pension amount would result in a smaller GPO reduction, taking a reduced pension is rarely financially advantageous overall. The permanent reduction to her primary income source (pension) would likely far outweigh any additional Social Security spousal benefits gained. Each dollar of pension reduction might only increase Social Security by 33-40 cents under GPO rules, resulting in a net loss of income over time.
has anyone actually gotten the FULL amount they expected once the law is fully phased in??? or are they gonna come up with some other excuse to pay us less than we deserve after paying in all these years????????
The law won't be fully phased in until 2026, so no one has received the full benefit yet. Even then, remember that the spousal benefit is still subject to the standard offset rules - it's not automatically 50% of your spouse's benefit if you have your own retirement benefit too. The WEP/GPO elimination just means your pension won't reduce your SS benefits anymore.
my mom started her SS at 67 last year while dad was still working part time at 64. her check wasnt affected by his work at all, but they did have to plan for taxes. they set aside about 15% of her SS check just to be safe. also they found out that when dad does retire she can switch to a spousal benefit if its higher than her own which was news to them! good luck with everything
Yeah the tax thing is what gets most people! My neighbor thought SS was completely tax free and got hit with a huge bill. Better to set aside some money like your parents did!
Thank you all for the helpful responses! I'm going to go ahead and file for my benefits at FRA next month. I'll set aside some money for potential taxes, and we'll look at whether spousal benefits make sense when my husband is closer to retirement. I managed to get through to SSA using that service someone mentioned above - the agent confirmed everything you all told me and helped me understand our specific situation. Really appreciate this community!
Glad you got the information you needed! One final tip: Even though you're setting aside money for taxes, you might want to consider quarterly estimated tax payments to avoid an underpayment penalty. Your tax situation will change once you start receiving Social Security benefits, so it's worth consulting with a tax professional for your first year of benefits.
MAKE SURE to specifically ask for the exact dollar amounts for claiming at different ages!!! Don't let them rush you! And when you sell your business, be careful about investing that money so it lasts. My friend lost half her husband's business sale money in risky investments and now she's really struggling.
One last thing - if you do decide to try for an SSA appointment, do it soon. Their backlog is horrendous right now and it can take weeks or even months to get an in-person meeting. You can try calling too, but be prepared to spend hours on hold if you can even get through. And definitely write down all your questions beforehand so you don't forget anything important when you finally talk to someone.
I'm going through something similar right now. My neighbor told me that after I get SSDI, I can still work part-time up to like $1,470 per month without losing benefits. Is that true? Sorry to hijack your thread but thought you might be wondering about this too since we're in the same boat!
Yes, that's correct! It's called Substantial Gainful Activity (SGA). In 2025, the monthly SGA limit is $1,470 for non-blind individuals. You can earn up to that amount without jeopardizing your SSDI benefits. However, you must report all work activity to SSA regardless of how much you earn.
Thank you everyone for the helpful responses! You've really cleared up my confusion about SSDI vs. early retirement. I'm relieved to know my benefit won't be reduced just because I'm 58. I'm going to start gathering all my medical records to strengthen my application. My rheumatologist is supportive and has already documented how my condition prevents me from performing nursing duties. I'll also look into that Claimyr service when I'm ready to call SSA - sounds much better than spending hours on hold! Wish me luck with the application process. I'll update this thread when I have news.
Just wanted to say that once you get your benefit comparison, make sure you understand the impact of claiming early vs. waiting. I claimed at 62 on my ex's record and now regret it. Would have gotten 30% more if I'd waited until my FRA. No one explained that clearly to me at the time.
This is an excellent point. At FRA (which would be 67 for someone turning 62 next month), you'd get 50% of your ex's PIA. But claiming at 62 reduces that to about 32.5% of their PIA. The reduction is permanent. Sometimes it makes sense to take your own reduced benefit at 62 and then switch to the spousal benefit at your FRA if that would be higher. This is exactly why getting that benefit comparison calculation is so important for making an informed decision.
One quick tip - take detailed notes during any conversation with SSA. I always write down the date, time, name of the person I spoke with, and what they told me. Saved me multiple times when different reps gave conflicting info!
That's really smart advice. I'll definitely do that. I'm starting to think I need to try both approaches - try to get through by phone first using that Claimyr service, and if that doesn't work out, bite the bullet and schedule an in-person appointment.
when my wife got disability for her back and diabetes she had to get statements from EVERY doctor and they all had to agree she couldnt work. make sure all his doctors are on the same page!!! also SSI and SSDI are different things. SSDI is based on his work credits and SSI is for people with no assets. he might qualify for both until SSDI kicks in since hes living with your mom and has no assets
You mentioned your brother's FMLA ends in March. He should immediately have a conversation with his HR department about accommodations under the ADA (Americans with Disabilities Act) which might provide additional job protection beyond FMLA. Regarding getting representation: while you can start the application process yourself online at ssa.gov, having a disability attorney from the beginning often results in stronger initial applications. Most disability lawyers offer free consultations. Look for attorneys who specialize specifically in Social Security disability (not just general personal injury), preferably ones who are members of NOSSCR (National Organization of Social Security Claimants' Representatives).
Something else to consider - there's a concept called "administrative finality" in Social Security regulations. Generally, SSA decisions become final 12 months after they're made unless there was fraud or similar fault involved. If they determined your ex-wife's medical improvement in April 2023 but didn't notify your son until months later (past the 12-month mark), you might have grounds to challenge the overpayment based on administrative finality rules. You'd need to check exactly when they made the determination about your ex-wife's medical improvement. This is a more technical argument, but worth exploring if other approaches don't work.
A critical factor here is whether your son continued to be eligible for benefits as a student after turning 18. Based on your timeline, it sounds like he did qualify under the "full-time student" provisions that allow benefits to continue until graduation or age 19 (whichever comes first). If the sole reason for the overpayment is his mother's medical improvement, and not any issue with his student status, then your waiver argument should focus heavily on the fact that he had no way of knowing about his mother's changed medical status - especially given that she hasn't been involved in his life. The technical term for what you want to emphasize is that he was "without fault" in causing the overpayment. The SSA's own policy states that individuals are without fault when: "The overpaid individual relied on information from SSA that turned out to be incorrect." Since SSA continued sending the payments, this should apply to your son's situation.
Yes, that's exactly right - he remained eligible as a student, and the ONLY reason they're claiming overpayment is because of his mother's medical improvement that we knew nothing about. I'll definitely use that specific language about being "without fault" and relying on incorrect information from SSA. That describes our situation perfectly.
According to SSA's Program Operations Manual System (POMS), section GN 00305.135, "The divorce date is the date the divorce became final in accordance with State law." Different states have different rules about when a divorce is considered final. In states with a Nisi period or interlocutory decree, the marriage legally continues until that period ends. The key is understanding how your specific state law defines when a divorce is "final." In Massachusetts, for example, the divorce isn't final until the Nisi period ends. Bring documentation showing both dates and be prepared to explain this distinction when you apply. Also important: you must be currently unmarried to claim on an ex-spouse's record, and your ex must be entitled to benefits (either already collecting or eligible to collect).
This is incredibly helpful! Yes, I'm in Massachusetts, and I've remained unmarried since the divorce. My ex is already collecting his retirement benefits. I'm turning 62 next year and trying to figure out all my options. Would it be better to apply in person at my local office rather than by phone to ensure they understand this distinction?
Absolutely apply in person if possible. Bring certified copies of your marriage certificate, divorce decree showing both dates, and any other court documents from the divorce proceeding. In-person applications allow you to ensure all your documentation is properly scanned into their system and gives you a chance to explain your situation fully.
dont ssi and social security retirement have different rules? maybe thats why people get different answers
You're confusing different programs. SSI (Supplemental Security Income) is a needs-based program for disabled or elderly people with limited income and resources. Social Security retirement benefits (sometimes called OASI - Old Age and Survivors Insurance) are what we're discussing here, specifically ex-spouse benefits under retirement. The 10-year marriage duration rule applies to ex-spouse benefits under retirement, not SSI.
Natasha Romanova
These confusing notices are EXACTLY why so many people get hit with overpayment notices years later! The SSA is notorious for giving you money then demanding it back with little explanation. My sister got hit with a $12,000 overpayment notice THREE YEARS after receiving survivor benefits because of some calculation error they never explained properly. The system is designed to confuse people!!!
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Javier Gomez
•omg that's terrifying! did she have to pay it all back?
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Natasha Romanova
•She's on a payment plan but YES they're taking $200/month from her current benefits. It's CRIMINAL!
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NebulaNinja
One additional thing to consider - if you received retroactive survivors benefits while also receiving another type of benefit (like retirement on your own record), there might be an offset calculation happening too. Also, I'd recommend checking if the $13,358.20 figure includes any amount they might have withheld for potential tax liability. For larger backpay amounts, SSA sometimes withholds 10% for federal taxes unless you specifically requested otherwise. When you call, ask for a "MACADE" printout (Master Beneficiary Record Computer Access Data Extract) which shows all payment calculations and adjustments. Most representatives don't offer this unless specifically requested.
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Paolo Moretti
•I wasn't receiving any other benefits, but the tax withholding possibility is interesting. I didn't specifically request tax withholding, but that could explain part of the difference. I've written down all these document names so I know exactly what to ask for when I call. Thank you!
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