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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!
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.
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.
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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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!!
Thank you for this tip! He's not a veteran, but I'll definitely look into the Medicaid caregiver program. I've been doing this for so long without any financial support - it would be life-changing if I qualified for something like that.
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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.
That's really helpful, thank you! We'll definitely ask about a "good cause" statement when we go in. We honestly didn't realize we needed to report the pension change right away since the original application was denied completely.
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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.
Thank you for this detailed follow-up! My husband has completely stopped working now, so we'll definitely make sure SSA knows this. We'll submit all three forms tomorrow. I really appreciate your help!
Emma Davis
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!!!!
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Natasha Petrova
•Oh! I hadn't even thought about that. Thank you for mentioning it! I'll add it to my list of questions for tomorrow.
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Javier Morales
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.
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Natasha Petrova
•I've gathered all those documents and made copies. If they don't agree to the August date, I'll definitely request the formal determination in writing. Thank you for explaining that there's an appeals process - that makes me feel better knowing I have options.
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