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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.
If you don't mind me asking, what conditions are you dealing with? Some conditions have much higher approval rates than others.
I have degenerative disc disease with two failed back surgeries, severe coronary artery disease (had a heart attack last year), and type 2 diabetes that's caused neuropathy in both feet. Also dealing with depression and anxiety that my doctor says is directly related to my physical health deteriorating, but I know mental health claims are even harder to get approved.
With that combination of serious conditions, especially with the documented heart attack and failed surgeries, you have a strong case for your hearing. Make sure your attorney has all the medical documentation, particularly anything that specifically states work limitations from your doctors. Statements about being unable to stand/walk for certain periods, inability to lift objects, need for frequent breaks, etc. are particularly valuable for your case.
To directly answer your original question: The WEP applies when you receive a pension based on work where you didn't pay Social Security taxes. The key factor is not whether you receive monthly payments or a lump sum, but whether the payment is based on non-covered employment. An important exception exists if your pension is based on a mix of covered and non-covered employment. If that's the case, the SSA will only apply WEP to the portion derived from earnings where you didn't pay Social Security taxes. Request a detailed WEP calculation from SSA before making your decision.
Another consideration: depending on your age and specific situation, you might want to look into whether the "substantial earnings test" might help reduce your WEP impact. If you can demonstrate that you had substantial earnings under Social Security for enough years (the magic number is 30, but there's a sliding scale), your WEP reduction can be lessened or eliminated. This would be true whether you take the pension as a lump sum or monthly payments.
Just to add one more important point: If you've just started collecting Social Security in November 2024, your benefit amount might be different in 2025 due to the annual Cost of Living Adjustment (COLA). This adjustment took effect with December 2024 benefits (payable in January 2025). Make sure to budget accordingly for any tax implications based on your new benefit amount going forward.
Thank you everyone for all the helpful answers! I'll keep an eye out for the SSA-1099 in the mail, but I'm also going to set up my online account to access it there if needed. Since I'm past FRA, it sounds like I don't need to worry about the earnings limit, which is a relief. I'll look into that W-4V form to have some taxes withheld from my SS benefits going forward to avoid a surprise tax bill. This community has been incredibly helpful!
Caleb Bell
Has your husband looked into his Canadian pension yet? My uncle gets both his Canadian and US benefits, it's not one or the other. They're actually pretty generous up there!
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Sydney Torres
•Yes, he's already confirmed he qualifies for CPP (Canada Pension Plan) based on his work there. We're trying to figure out if there's a best order to apply for everything - Canadian benefits first, then US, or vice versa. It's all so complicated when international agreements are involved!
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Kaitlyn Jenkins
Just to add one important detail - your husband should apply for his Canadian benefits first before the US application. This is because the SSA will ask for verification of his Canadian benefits as part of calculating any potential WEP (Windfall Elimination Provision) adjustment. Also, there's a specific form for totalization claims: the SSA-2490-BK. Not all SSA representatives may be familiar with it, so ask specifically for someone experienced with totalization claims when you call or visit an office. One more tip: when you do apply, the SSA might initially deny the claim if they only look at US credits. Make sure they understand it's a totalization claim so they consider the combined credits from both countries.
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Sydney Torres
•This is incredibly helpful, thank you! I'll make sure to have him apply for his Canadian benefits first, and then we'll specifically ask for the SSA-2490-BK form and someone experienced with totalization claims. I'm taking detailed notes of all these suggestions so we don't miss anything important!
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