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After helping my sister fight the SSA for NINE months to get her spousal benefits, we finally have success! Just wanted to share in case anyone else is going through this nightmare. My sister (63) applied for spousal benefits on her ex-husband's record last July. They were married for 14 years and divorced 6 years ago. The SSA kept claiming they couldn't verify the marriage despite us submitting the marriage certificate twice! We got denied three times with increasingly ridiculous reasons (first "marriage not verified," then "length of marriage not established," then some obscure rule about her not being eligible because her ex supposedly filed and suspended before some 2016 deadline - which he NEVER did). Last week, we finally got through to a knowledgeable agent who actually reviewed her file properly, found all the documentation we'd already submitted, and confirmed she qualifies for a monthly spousal benefit of $1,875. She should receive back payments for all 9 months too - around $16,875! The emotional toll on her has been intense - she's been living on savings that were almost depleted. When I showed her how many people here had offered suggestions and support on my previous posts, she actually cried. Having people in her corner meant everything. If you're fighting for benefits you deserve, DON'T GIVE UP! The system is frustrating but persistence pays off.
I've been watching discussions about the GPO repeal closely since I'm in a tricky situation. I'm 65.5 years old and spent most of my career as a teacher with a state pension (didn't pay into Social Security during those years). I only have 30 quarters of SS-covered work, so I don't qualify for my own SS retirement. My husband started receiving his Social Security in January 2025 at 64 years and 6 months. If the Government Pension Offset gets repealed as the proposed legislation suggests, would I suddenly become eligible for spousal benefits based on my husband's record? Currently I understand I'm affected by both the GPO and WEP, but I'm confused about how the changes would affect someone in my specific situation with insufficient quarters. Also, if I am eligible, should I file right away at 65.5 or wait until my Full Retirement Age? Is there any advantage to waiting until 67 in my case? Would really appreciate insights from anyone who understands these complicated rules!
The REAL QUESTION is how they're going to pay for this!!! Repealing GPO/WEP would cost billions and SS is already headed for trouble. They'll probably just increase the debt more or raise taxes on everyone. Nothing is free - we'll all end up paying for it one way or another.
isnt it just fixing an unfair penalty though? teachers and firefighters paid into their pensions instead of SS, not their fault the systems dont work together right
It's more complicated than that. The original purpose of GPO/WEP was to prevent "double-dipping" from two different government-subsidized retirement systems. Yes it's unfair in many cases, but repealing it without accounting for the cost is irresponsible. They should FIX it with a more proportional approach, not just ELIMINATE it entirely!
I just went through all this with my financial advisor last week. Here's what she told me (I'm also a former teacher with pension): 1) The current GPO reduces spousal/widow benefits by 2/3 of your government pension 2) Most pending legislation would phase out GPO over 5 years (20% reduction each year) 3) For spouses, there's NO benefit to waiting beyond FRA - you get 50% of your spouse's PIA at FRA 4) For survivor benefits (after spouse dies), there IS benefit to waiting up to age 70 5) Keep good records of your pension and SS communications Her advice was to wait until FRA to avoid the early filing reduction. In your case at 65.5, it's only about a 6% reduction, so if you need the money now and GPO is repealed, it might be worth taking slightly reduced benefits.
Thank you for sharing this advice! The 5-year phase-in is something I hadn't considered in my planning. That's helpful to know about survivor benefits too - I didn't realize those could increase up to age 70 unlike spousal benefits that max at FRA. Sounds like I should start gathering all my pension documentation now to be prepared if/when the repeal happens.
I'm turning my full retirement age (FRA) this May and planned to start collecting Social Security then. I've been researching the earnings test and got really confused about how it works in the months leading up to FRA. Is there a limit on how much I can earn from January through April? I'm still working part-time ($2,200/month) but also receiving about $1,500 monthly from my pension. Does that pension income count toward the earnings limit? My neighbor said only wages count, but my brother-in-law insists ALL income counts. I'd hate to get hit with an unexpected reduction! Thanks in advance for any clarity on this.
All this FRA and earning limit stuff is why I just waited until I fully stopped working to claim SS!!! The rules are IMPOSSIBLE to understand and I was terrified of messing up and owing them money later. SSA is the WORST at explaining their own rules clearly!!! ๐ก๐ก๐ก
Same!! I waited until I completely retired too. My neighbor tried to do this partial year thing and ended up with an overpayment notice a year later. Too much hassle!
The rules can seem complicated, but they're actually quite straightforward once you understand them. The key is just knowing which income counts (work earnings) and which doesn't (pensions, investments, etc.). For most people reaching FRA with modest work income, there's usually no benefit reduction at all.
My sister just went through this! Very important - make sure you tell Social Security your EXACT planned retirement date when you apply. She told them she'd work until June but then decided to quit in February, and didn't notify them. They kept withholding benefits based on her original income estimate and it took months to fix. Just keep SSA updated on any changes to your work plans!
That's a great point! I'm pretty set on my part-time schedule through April, but if anything changes, I'll definitely let them know right away. Did your sister have to pay anything back?
I've been searching everywhere for this information but can't seem to find a clear answer. My husband turned 71 last November and is still working part-time at a local hardware store (about 20 hours a week). We know that since he's past his full retirement age, his earnings won't affect his monthly Social Security benefits, but do we still need to report these earnings to SSA? If so, how and when should we do this? Is it something that happens automatically through his employer's tax reporting, or do we need to contact Social Security directly? His earnings last year were about $14,600, and he'll probably make around the same this year. I've looked through the SSA website but got lost in all the information. Thanks for any help!
Is your husband gettin SSI or SSDI? if its SSI then u DO hve to report his earnings every month cuz thats need-based!!!!
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.
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!
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.
I recently retired after 24 years of teaching in California, but before that I worked in the private sector for about 15 years where I paid into Social Security. I just found out that my SS retirement benefit is being reduced by almost $1,100/month because of something called the Windfall Elimination Provision (WEP). I'm totally confused because my statement from SS never showed this reduction! The local SS office gave me different answers each time I called - one person said it was completely legal and nothing I could do, another suggested I might qualify for an exception. Has anyone successfully fought against the WEP reduction? Would hiring a Social Security attorney be worth the expense or am I just wasting my money? I've heard horror stories about fighting the system...
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.
Mei Zhang
I had a question about your sister's situation - since she's 63, is she getting reduced benefits by claiming before her FRA? I'm trying to decide whether to take my spousal benefits at 62 or wait until my full retirement age at 67 to get the full 50%. Did your sister consider waiting?
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Jamal Anderson
AuthorYes, she is getting somewhat reduced benefits by claiming at 63 instead of waiting until her FRA (which would be 66 and 8 months for her). She calculated that she'd need to live past 78 for waiting to be worth it financially. Plus, her financial situation didn't really give her the option to wait - she needed the income now. It's really an individual decision based on health, finances, and other factors.
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NeonNomad
This is an important calculation everyone should do. Taking benefits at 62 gives you about 32.5% of your ex's PIA instead of 50% at FRA. However, you're collecting for 60 extra months. The breakeven age varies based on benefit amounts and life expectancy. For many people with immediate financial needs, taking reduced benefits makes sense despite the permanent reduction.
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Amara Eze
Thank you for sharing this success story! I've been so discouraged lately with my own SSA issues. This gives me hope. Did you need to involve a lawyer at any point in the process? I'm wondering if I should hire one for my case.
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Jamal Anderson
AuthorWe actually consulted with a lawyer who specializes in Social Security cases after the second denial. They gave us some helpful guidance on what specific documentation to emphasize, but we didn't formally hire them to represent us. If we'd gotten to the hearing stage, we probably would have hired them. For complex cases or disability claims, a lawyer can be really valuable, but for straightforward benefits like divorced spouse benefits, persistence and good documentation can often be enough.
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