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I just realized nobody asked - does the wife have children under 16? If your friend and his wife had kids who are still minors, she could potentially receive benefits as a mother caring for his children, even after divorce. This doesn't have the 10-year marriage requirement. But since you mentioned they don't have kids together, this wouldn't apply.
No, they don't have any children together. She has adult children from a previous relationship but that wouldn't apply here. Thanks for checking though!
Has your friend talked to a divorce attorney who specializes in situations involving disability benefits? My neighbor went through something similar and said her lawyer gave her better advice than SSA did because he understood both the SS rules AND how they interact with divorce law in our state. Might be worth the consultation fee.
That's a really good point. I think he's met with a general divorce attorney but not one who specializes in cases involving disability benefits. I'll suggest this to him.
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I think ur misunderstanding how this works. If ur kids r on SSDI from their dad then u can still get full survivors without being affected by the maximum. My neighbor's situation is like this and she gets the full amount. The max only applies to minor kids not disabled adults I'm pretty sure.
That's incorrect. The Combined Maximum Family Benefit (CMFB) does apply to Disabled Adult Child (DAC) beneficiaries. In fact, DAC beneficiaries are included in the same family maximum calculation as minor children and surviving spouses. The difference is that DAC benefits can continue indefinitely as long as the person remains disabled, whereas benefits for minor children typically end at age 18 (or 19 if still in high school). The family maximum is typically between 150% to 180% of the deceased worker's Primary Insurance Amount, depending on the specific benefit calculation. All auxiliary beneficiaries (including DAC recipients and surviving spouses) may be subject to proportional reductions if the total family benefits exceed this maximum.
Im confused about something... you said ur reaching FRA in 4 years but ur husband already died. Are you not getting any social security now? Shouldnt you be getting survivors benefits already? Or are you still working?
Sorry, I should have been clearer. Yes, I'm still working full-time. I'm 63 now and planning to work until at least 66, which would be my FRA. I haven't applied for any benefits yet because I thought working full-time would make me ineligible or significantly reduce any benefits. Should I be getting something now even while working?
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doesn't matter when you file, your husband probably gets $0 either way because of GPO. my dad's friend went through this and got nothing from his wife's SS.
Thank you all for the helpful information! I've decided to stick with my plan to file at 70 to maximize my benefit. Even though my husband probably won't get spousal benefits due to GPO, the survivor benefit possibility makes it worthwhile. Going to schedule an appointment with SSA to get exact calculations for our situation. Appreciate all the responses!
That's a wise decision. Maximizing your benefit to $3,500 at age 70 (instead of taking roughly $2,500 at your current age) gives you an extra $1,000/month for life, and potentially provides your husband some survivor benefits if you predecease him. The GPO can be frustrating, but understanding it helps you make the best decision for your circumstances.
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just wondering why ur dad never applied for SS benefits when ur mom passed? My husband got a small check even with his city pension when I check the SS rules online
We were told by friends (also teachers) that the GPO would eliminate any survivor benefits completely. I think we just assumed it wasn't worth trying. Looking back, we should have at least applied and gotten an official determination.
Based on all the information shared, here's what your father should do: 1. Apply immediately for both his own retirement benefits and survivor benefits from your mother 2. Specify he wants to apply despite having a non-covered pension (his teacher's pension) 3. Bring documentation of his pension amount, his SS earnings history, and your mother's death certificate and SS number 4. Request that SSA calculate his benefit both under current rules and under the new WEP reform rules 5. Ask specifically about the special provision for beneficiaries over 73 (your father qualifies at 79) Even if he gets denied or gets a very small amount now, having an application on file is important as the new rules phase in during 2025. The system is definitely complicated with government pensions involved, but it's worth pursuing - even a small monthly benefit adds up over time.
Thank you for laying out these specific steps. I'll help my dad gather all these documents and get his application submitted. I appreciate everyone's helpful advice!
Beth Ford
my frend worked for school district 26 yrs now gets $0 from husbands SS even tho he paid in 45 yrs! system is rigged against teachers
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Joy Olmedo
•EXACTLY!!! Meanwhile Congress refuses to fix it but keeps their own special retirement system! My congressman promised he'd vote to repeal GPO/WEP during his campaign but hasn't done ANYTHING since getting elected. What a surprise...
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Morita Montoya
One final suggestion - even though your calculation shows $0 benefit, it might still be worth calling SSA to verify your specific situation. There are occasionally special circumstances or provisions that might apply in individual cases. For instance, if you had any substantial earnings under Social Security yourself (not just your teacher's pension), the calculation becomes more complex and potentially more favorable. Also, having the calculation officially done can help with future planning, especially regarding survivor benefits should your spouse pass away before you (survivor benefits are also subject to GPO, but the calculation is different). Keep in mind that when you do call, try to speak with someone who specifically understands GPO/WEP provisions, as not all representatives are equally familiar with these complex rules.
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Atticus Domingo
•That's a really good point about survivor benefits. I did work briefly in the private sector in my 20s, but it wasn't many years. I think I'll take your advice and make that call just to have everything professionally calculated and on record for future planning. Thank you for the thoughtful suggestion!
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