

Ask the community...
I thought I read somewhere that Congress might eliminate WEP? Is that true or just wishful thinking?
There have been several bills proposed over the years to reform or eliminate WEP, but none have passed yet. The most recent ones are the Social Security Fairness Act and the Equal Treatment of Public Servants Act. They get reintroduced every Congress but haven't made it through. Don't hold your breath - plan as if WEP will still affect you because that's the current law.
Update: I found the WEP calculator link and it worked! For anyone else dealing with this, it shows both the regular PIA and the reduced amount after WEP. In my case, my monthly benefit would be $2,285 without WEP but will be $1,786 with the reduction. My 23 years of substantial earnings helped reduce the penalty from the maximum, so that's good news at least. Thanks everyone for your help!
Something NO ONE has mentioned yet is that sometimes SSA will send you a letter saying what month your benefits officially start - keep this letter!!! You might need it to prove when you were entitled to benefits vs when you actually got paid. Especially if there's ever an audit or question later.
Just to add one more point of clarification - when the backpay arrives, the SSA-1099 will show the total amount paid to you during that calendar year. It won't specify which months the payments were for, just the total received. This is why it's important to keep your award letter that explains the breakdown of payments. Also, since you're asking about taxes, remember that depending on your combined income (adjusted gross income + nontaxable interest + half of SS benefits), up to 85% of your Social Security benefits may be taxable. Since you're still working, this is something to be aware of for your tax planning.
I didn't realize they don't break down which months the payments are for on the 1099. That's really helpful to know - I'll definitely save all the paperwork they send. And yes, I know some portion will be taxable since I'm still working. I was just confused about WHICH tax year they'd apply to. Thanks!
To answer your latest question - no, you cannot switch later. Under current rules (changed in 2016), once you file for benefits, you're deemed to be filing for ALL benefits you're eligible for. The SSA will pay you the higher amount, but you cannot switch strategies later. This is why planning is so important. If your own benefit at FRA would be significantly higher than the divorced spouse benefit, it might be worth waiting. Your own benefit grows until age 70, while divorced spouse benefits max out at your FRA. I'd recommend creating a my Social Security account online if you haven't already. It will show your earnings history and benefit estimates based on different claiming ages.
Thanks everyone for the incredibly helpful advice! I've learned so much: 1. I can claim divorced spouse benefits at 62 based on my ex's SSDI record 2. I'll get either my own benefit OR up to 50% of my ex's benefit (reduced for early claiming), not both 3. Filing at 62 means about a 30% reduction from what I'd get at my FRA 4. Once I file, I can't switch strategies later I'm going to create a my Social Security account and use the benefit estimator to run some numbers. Then I'll try to schedule an appointment specifically to discuss my divorced spouse options. This has been so much more helpful than the confusing information on the SSA website!
Quick tip that helped me: Tell your employer to report your retirement date to Social Security. My HR department submitted something showing my official retirement date, which helped SSA properly apply the monthly earnings test for all the months after I stopped working. It created a clean record of exactly when I transitioned from worker to retiree.
I went through this same thing back in 2023, and my experience might help you. What I learned is that SSA doesn't actually adjust your benefits in real-time based on what you're earning. Instead, they'll reconcile everything after the year ends when they get your actual earnings from IRS. In my case, I received my full benefits throughout the year despite going over the limit. Then in early 2024, they sent me a letter saying I had an overpayment and gave me options to repay it. I chose to have them withhold future benefits until it was paid back. So you might receive your full benefits this year, and then deal with any adjustments next year. Just be prepared for that possibility and maybe set some money aside if you think you'll go over the limit.
Zara Khan
Make sure to double check the FRA for survivor benefits! Some people don't realize survivor FRA can be different from retirement FRA depending on your birth year. For most people born 1943-1954, FRA for survivors is 66, not 67. Just want to make sure you have the right age!
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Anastasia Kuznetsov
•Good catch! I've verified that my survivor FRA is actually the same as my retirement FRA (67) since I was born after 1962. But you're right that they can be different depending on birth year.
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Sean Fitzgerald
One more thing to consider - when you apply, do it as a "filing strategy" rather than just applying for benefits. Make it very clear you're: 1) Filing ONLY for survivor benefits at your FRA 2) Explicitly deferring your retirement benefits to grow delayed retirement credits 3) Planning to switch to your own higher benefit at age 70 I recommend applying in person at your local office if possible for this type of situation. Over the phone or online applications sometimes don't handle these strategic filings correctly. Bring a printed statement explaining your intention if needed.
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Anastasia Kuznetsov
•This is excellent advice. I'll definitely try to schedule an in-person appointment and bring a written statement of exactly what I'm trying to do. I've heard too many horror stories of people's strategic filing plans getting messed up by confusion in the application process.
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