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Just a heads-up for everyone following this issue - the Social Security Fairness Act has been introduced in multiple Congresses but hasn't passed yet. The current version (H.R. 82 in the House and S. 1398 in the Senate) would eliminate both WEP and GPO if passed. While we wait to see if legislation passes, here's what affected individuals should do: 1. Stay informed through official channels (SSA.gov and Congress.gov) 2. Consider joining advocacy groups focused on this issue 3. Keep documentation of your earnings history, both from covered and non-covered employment 4. If legislation does pass, wait for official guidance from SSA about implementation In most cases, if changes are made, SSA would implement them systematically, but it's always wise to follow up if you don't see adjustments within the timeframe specified in the legislation.

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thanks for the info! my dad will be happy to know there's at least bills being considered. his teacher pension is tiny and losing ss benefits really hurts

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After trying to navigate this WEP/GPO situation myself, I found that having a one-on-one conversation with an SSA representative was really the most helpful. They explained exactly how my benefits were calculated and what would happen if the law changed. But getting through on the phone was nearly impossible until I used that Claimyr service I mentioned. If you do end up needing to speak with someone at SSA, I'd recommend trying them rather than wasting days getting disconnected. The agent I spoke with was surprisingly knowledgeable about the proposed legislation too.

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I might try that service if I need to call them. I've attempted to call SSA before for other questions and it's been so frustrating. Always disconnected or on hold forever.

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To clarify the technical aspects once and for all: The RIB-LIM rule (found in section RS 00615.020 of the SSA's Program Operations Manual System) states that when the worker files for reduced retirement benefits, the maximum amount payable to the spouse is limited to the higher of: 1. The difference between the family maximum benefit (FMB) and the worker's reduced benefit, or 2. The spouse's benefit before the RIB-LIM is applied This means that in SOME cases, the worker filing early can indirectly reduce what the spouse receives, even if the spouse waits until FRA. It depends on the specific benefit amounts and family maximum calculation for your case. So both sides of this debate are partially correct, which is why it's so confusing!

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That's an excellent technical explanation. I should have been more clear in my original response - in MOST common two-person scenarios, the RIB-LIM doesn't reduce the spousal benefit below 50% of PIA when they wait until FRA, but there are certainly exceptions based on the complex interaction with the Family Maximum Benefit. Each case truly does need individual analysis.

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Thank you everyone for the informative responses! I think I understand now why there's so much confusion online about this topic - because the answer isn't simply yes or no, but depends on how various rules interact with our specific numbers. I'll definitely try to get an appointment with an SSA claims specialist who can look at our exact situation. If the phone lines continue to be impossible, I might try that Claimyr service someone mentioned. I'll update this thread once I get a definitive answer for our situation in case it helps others in the same boat. Really appreciate all the knowledge shared here!

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Just to add a practical note - if your brother-in-law's bipolar disorder includes periods where he has trouble managing his finances, you might want to look into becoming his representative payee. My daughter has bipolar and during manic episodes, she would spend all her money immediately, leaving nothing for rent and necessities. Being a rep payee allowed me to ensure her benefits were used for housing and basic needs first. It's a bit of paperwork but worth considering if money management is an issue during episodes. SSA has a specific form for this (SSA-11).

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That's a really good point. During his last manic episode, he did make some very concerning financial decisions. I'll definitely look into the representative payee option. Thank you for suggesting this - it wasn't even on my radar.

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A quick update on timing expectations: the reconsideration phase typically takes 3-5 months (though some areas are faster). If denied again, requesting a hearing before an Administrative Law Judge (ALJ) can take 8-12+ months depending on your location. The good news is that the ALJ approval rate is much higher (around 50%) than initial applications or reconsideration. With appropriate medical documentation and attorney representation, those odds improve significantly. For SSI/SSDI concurrent benefits calculation: if he's approved for SSDI at $1,200/month, his SSI would be reduced to approximately $743 (current $943 SSI minus $200), for a total of $1,200. This is because SSA counts SSDI as unearned income for SSI purposes, but they disregard the first $20 of unearned income. Hope this helps with planning!

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This is extremely helpful for setting expectations. So we're potentially looking at over a year from start to finish if we need to go to the ALJ level. I appreciate the breakdown of how the concurrent benefits would be calculated too - makes much more sense now.

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Has anyone actually succeeded in getting spousal benefits approved since the GPO repeal? I keep hearing about denials but no successes yet. Makes me wonder if we're all misunderstanding something about the implementation timeline...

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The law is in effect, but implementation takes time. SSA needs to: 1. Update their internal processing guidelines 2. Train staff on the new procedures 3. Modify their computer systems 4. Develop communication materials This doesn't happen overnight, which is why appeals are so important. The appeals process gives them time to catch up while preserving your filing date. Expect delays for the next 3-6 months as they work through the backlog of affected claims.

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Update: I finally spoke with an SSA representative! After trying for days, I got through this morning. The rep confirmed I should absolutely file an appeal rather than a new application. She said they're aware of the issue with applications being automatically denied and are working on a fix, but it could take months. She also mentioned they're developing special procedures for GPO-affected claims. I've submitted my appeal online and included specific reference to the Social Security Fairness Act repealing the GPO provision. Now I just wait... again! Thank you all for your help and advice.

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Thanks for updating us! I'm still trying to reach someone at SS about my case. How did you finally get through? I've been trying all week with no luck.

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I called right when they opened at 8:00 AM and still waited almost an hour. It's so frustrating. My neighbor mentioned some service that helps you get through to them - I might try that next time if I need to follow up on my appeal. This whole process has been much more complicated than I expected!

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dont forget that survivor benefits and retirement r different things! my sister thought they were the same and got confused when applying

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That's a good point - I need to be very clear about which benefit I'm applying for. Did your sister have any issues getting things corrected?

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yes she had to make 3 trips to the ssa office because they kept getting it wrong! make sure u bring ALL your paperwork and be very specific about what your applying for

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One important detail that hasn't been mentioned yet: When you reach your Full Retirement Age (66 in your case), the earnings test no longer applies to survivor benefits. This means you can earn any amount without having your survivor benefit reduced. Before FRA, benefits are reduced if earnings exceed certain limits ($22,320 in 2025 with $1 reduction for every $2 over the limit). So while taxes will take a bite out of your benefits at your income level, at least you won't face the additional reduction from the earnings test once you reach 66 in February 2025.

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That's very helpful information! So if I wait until I hit my FRA in February 2025 to apply, I won't have any reduction based on my earnings - just the normal taxation. That's definitely something to consider in my planning. Thank you!

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