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DONT FORGET to ask about the lump sum death payment too!!! Its only $255 but its something extra!!!! A lot of people dont know about this and SSA wont tell u!!!!
After your call tomorrow, if they don't agree to use your August date, you can request a formal determination in writing and then appeal if necessary. SSA has an established appeals process. But hopefully they'll handle it correctly tomorrow if you clearly explain the situation. Also, make sure you're prepared to provide all the necessary information for your application: your spouse's death certificate, marriage certificate, both your Social Security numbers, and your direct deposit information. Having this ready will help ensure the application gets completed this time.
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.
btw if u havent already u should apply for spousal benefits right now, u dont need to wait for survivor benefits. since ur over 50 u can get them while hes still alive
I thought about that, but I think I need to be at least 62 to collect spousal benefits? I'm only 58 now. Unless there's something I'm missing?
That's correct. For spousal benefits based on a living spouse, you generally need to be at least 62 years old to collect (unless you're caring for a child under 16 or a disabled child). The only exception to the age-62 rule for spousal benefits is if you're caring for the disabled worker's child who is under 16 or disabled. However, for survivor benefits, you can claim as early as age 60 (or 50 if you're disabled yourself).
One more IMPORTANT thing I forgot to mention!!! If you're taking care of your husband full-time and he requires constant attendance, check if you qualify for the "Aid and Attendance" benefit through VA (if he's a veteran) OR look into whether your state has a paid family caregiver program through Medicaid. I missed out on YEARS of potential benefits because nobody told me about these programs!!! The system is DESIGNED to keep us in the dark!!
This reminds me of when I retired. I think what's happening is the monthly test vs. annual test confusion. When you first retire, you get to use the monthly test which is definitely better for people who work part of the year then stop completely.
I just called SSA again using that Claimyr service someone mentioned (it actually worked!), and got through to a very knowledgeable agent. She confirmed I can absolutely start benefits in December for January payment using the monthly earnings test since I haven't worked since July. She also said I could technically apply for benefits going back to August (first payment in September) if I wanted to, but I'd need to specifically request retroactive payments for those months. I'm going to start with December/January payment as originally planned. Thanks everyone for helping clear this up! The monthly earnings test vs. annual test distinction was the key piece I was missing.
AstroAce
Does anyone know if the payments will be RETROACTIVE when they finally implement this? I've been getting reduced benefits for 12 years now because of WEP!
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Jamal Brown
•Based on the legislation, the adjustments will be retroactive to the effective date of the law (January 2025), but not for the entire period you've been affected by WEP. So you'll get retroactive payments from January 2025 until whenever they actually implement the changes in their system, but not for the 12 years prior to the law changing.
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Carmen Diaz
My cousin told me this doesn't apply if you're already receiving disability instead of retirement. Is that true? I get SSDI and had my benefit reduced by WEP too.
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Ethan Wilson
•Your cousin is incorrect. The WEP changes apply to all Social Security benefits that were subject to WEP, including disability (SSDI). If your SSDI benefit was reduced because of WEP and you meet the criteria under the new formula, you should see an adjustment when SSA implements the changes.
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