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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!!
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.
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.
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!
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.
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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