Social Security Administration

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Update: I took the advice about requesting critical case status and brought documentation about my financial hardship to the local office yesterday. The claims specialist was actually very helpful and submitted the request. She said it should speed things up considerably. Also got confirmation that I'll receive full back pay once it's resolved. Thanks everyone for your suggestions - this has been so stressful!

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That's great news! The critical case designation really does make a difference. When you get your benefits sorted out, make sure to check that they've calculated everything correctly. My backpay had errors initially and I had to get them to recalculate.

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Social Security survivor benefits after GPO repeal - will I get my ex-husband's full benefit even though he was on SSDI?

I'm really confused about what survivor benefits I'm entitled to now that the GPO might be repealed. I'm 66 and finally visited SSA last week after avoiding them for years. Back when I was 62, I went to ask about survivor benefits from my ex-husband who passed away at 59. The agent basically laughed me out of the office saying I'd get nothing because of my teacher's pension (GPO) and didn't even bother putting anything in the system. Now with this potential GPO repeal, I made another appointment. This agent was much nicer and signed me up to receive the reduced amount (with GPO still applied). She also backdated it 6 months since I'm past my FRA. I brought all my documentation showing I have my own 40 quarters from jobs before teaching, plus my ex-husband's death certificate and our marriage records (we were married 12 years). Here's what's confusing me - my ex was receiving SSDI when he died. The agent told me that once Biden signs the GPO repeal bill, I'll get 100% of what he would have received at full retirement age, not the SSDI amount he was actually getting. Everything I've read says survivors only get what the deceased was actually receiving. I specifically asked about this, and she insisted I'd get his full retirement amount, not his SSDI amount. I already got a call saying my application was approved, but I'm worried I'll end up with an overpayment later. Does anyone know which is correct? Will I get what he would have received at full retirement age, or just his actual SSDI payment amount?

I think everyone's making this too complicated lol. Here's the simple version: if he was on SSDI when he died, that's the same amount as full retirement. SSDI payments aren't reduced like early retirement is. So you'd get that full amount after GPO repeal (if it happens). But honestly don't get your hopes up about the repeal, they've been promising that forever.

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Thanks for putting it simply! So SSDI is the same as what he would've gotten at full retirement age? That makes sense. And yeah, I'm not counting on the repeal, but it would be nice!

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Has anyone heard when the House will vote on the GPO repeal? My pension from teaching for 31 years is eating almost ALL of my late husband's SS benefit and I'm struggling to make ends meet!!

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The House schedule isn't certain yet. The Senate passed it as part of the Social Security Fairness Act, but there's still significant legislative process ahead. I'd recommend following the National Association of Retired Federal Employees (NARFE) website as they post regular updates on the progress of the GPO/WEP repeal efforts.

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one more thing - make SURE they understand ur wanting to take ONLY the widow benefit and let ur own retirement benefit grow until 70. sometimes they dont understand that and put u on retirement benefits instead of widows if that's higher. happened to my sister and it was a nightmare to fix!!

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Oh no, I didn't even think about that! That's exactly what I want to do - take husband's now and switch to mine at 70. I'll make sure to be super clear about that. Thanks for the warning.

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To clarify a key point here: Widow(er) benefits reach their maximum at your FRA - not before. If the SSA told you you'd get the full amount before your FRA, that information is incorrect. What makes this particularly important in your situation is that you're planning the common strategy of taking reduced survivor benefits while letting your own retirement benefit grow until age 70. This is often the optimal approach for widows/widowers with strong earnings records. I recommend calling the SSA back and specifically asking these questions: 1. What exact percentage of my deceased husband's benefit will I receive starting in May 2026? 2. When exactly will my survivor benefit reach 100% (this should be your FRA month)? 3. Can they document this information in writing for your records?

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Thank you for this detailed explanation and the specific questions to ask. I'll write these down exactly as you've phrased them and call back tomorrow. Having the right questions makes such a difference when dealing with complicated benefits!

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When I was figuring all this out last year I made a spreadsheet with different income scenarios to see how much more tax I'd pay on my benefits at different income levels. It was eye-opening! Even though there's no benefit reduction after FRA, the tax bite can be significant if you have a good job. Worth doing the math before you decide how much to work.

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That's a really smart idea about creating a spreadsheet. I'm going to do that this weekend to see exactly how different income levels might affect my overall situation. Better to know in advance than be surprised at tax time!

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my cousin kept working full time after FRA and his benefit went up like $75/month after two years... not life changing but hey free money right?? lol

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im confused - i thought you HAD to file for spousal benefits??? my neighbor gets a spousal benefit from her husband's record but she had to specifically ask for it when she went to the ss office

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Your neighbor may have been grandfathered into the old rules. For people born before January 2, 1954, they could choose to take only spousal benefits while letting their own retirement benefit grow. But due to changes from the Bipartisan Budget Act of 2015, anyone born January 2, 1954 or later is subject to deemed filing, meaning they automatically apply for all benefits they're eligible for when they file. The SSA will pay whichever benefit amount is higher, but not both.

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Thank you everyone for the helpful responses! I feel much better now understanding that my decision to file at my FRA won't negatively impact my husband's future benefits. I'll definitely check my earnings record as suggested and make sure everything is accurate before I submit my application. I appreciate all of your insights and personal experiences!

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You're welcome! One last tip: when you do apply, print out your application confirmation page and keep records of everything. It's also good practice to check your bank account around the expected deposit date to make sure your payment arrives as scheduled. Your first payment should arrive the month after your birthday month (so August, in your case).

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