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Have u tried contacting your congressional representative? My friend is a retired police officer who had issues with WEP and his congress person's office helped straighten it out. They have staff who specifically handle SS problems!
After learning about how WEP works, I discovered that SSA had missed some of my substantial earnings years from when I worked summers during my teaching career. I was able to get my WEP reduction decreased by providing proof of those earnings. The WEP formula provides a 5% reduction in the penalty for each year of substantial earnings over 20 years, so each additional year you can document is worth fighting for.
Something else to consider: if you have any periods of employment where you DID pay into Social Security (outside of your non-covered pension job), you might qualify for your own Social Security benefit. If that's the case, you wouldn't be subject to GPO on those benefits - only on the spousal/survivor benefits. This could potentially increase your total retirement income. Do you have any work history outside of your pension-covered employment?
That could absolutely make a difference! Those 8 years of covered employment would contribute to your own Social Security benefit, which would not be reduced by GPO (though it might be affected by WEP, but differently). In fact, if your own benefit is higher than your reduced spousal benefit, you'd receive your own instead. When your husband passes, you'd then get the higher of: your own benefit OR your reduced survivor benefit. Having multiple income sources can significantly improve your financial situation. I strongly suggest getting a Social Security benefits analysis to see exactly how these calculations would work in your specific case.
One other thing to consider is that if your brother passes away (hopefully not for many decades!), your SIL would be eligible for survivor benefits. Those are calculated differently than spousal benefits. As a widow, she could get 100% of what your brother was receiving if she's at her full retirement age when she claims survivor benefits. However, if she claims survivor benefits early, they'll be reduced. The reduction factors for survivor benefits are different than for retirement or spousal benefits. This is why Social Security planning for couples often involves considering the higher earner delaying as long as possible (to age 70 ideally) to maximize the survivor benefit for whichever spouse lives longer.
After reading through this whole thread, I think your SIL has essentially three options: 1) Claim now at 63 and accept permanent reductions to both her retirement AND spousal benefits. This gives her income now but less income later. 2) Wait until her FRA to claim either benefit. This maximizes her spousal benefit when your brother claims. 3) A compromise approach: If she absolutely needs income now, she could consider whether she qualifies for any other benefits (like spousal benefits from a previous marriage if applicable) or look at other income sources to bridge the gap until FRA. The deemed filing rules that took effect for people born after January 1, 1954, eliminated many of the clever claiming strategies that used to exist. Now, when you file for one benefit, you're effectively filing for all benefits you're eligible for.
Thank you all for the helpful information! I've made an appointment with SSA for next week to discuss my options. I'm going to apply now even if I don't receive payments right away due to my earnings. And I'll definitely get information about what my own benefit would be at 70 so I can compare it to the survivor benefit at my FRA. It's complicated, but I feel much better equipped to make decisions now. I really appreciate everyone taking the time to share your knowledge and experiences.
NeonNova
Is your husband gettin SSI or SSDI? if its SSI then u DO hve to report his earnings every month cuz thats need-based!!!!
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Ethan Wilson
•The poster mentioned her husband is 71 and collecting retirement benefits, not SSI or SSDI. You're right that SSI has different reporting requirements because it's need-based, but that doesn't apply in this situation. Regular Social Security retirement benefits past full retirement age don't require manual reporting of earnings.
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Aisha Abdullah
I think people who say SS automatically recalculates are being optimistic lol. My brother-in-law had to actually request a recalculation after working 3 years past retirement. Maybe it's supposed to be automatic but with the govt who knows if it actually happens!
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Mateo Rodriguez
•You raise a good point. While SSA is supposed to automatically recalculate benefits when new earnings might increase your benefit, the system isn't perfect. If your husband continues working for more than a year past full retirement age, it wouldn't hurt to contact SSA every couple of years to request a benefits review. You can do this by calling their main number at 1-800-772-1213 or contacting your local office.
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