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!

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

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.

Doesn't matter actually if he applies now or not! survivor benefits are the same either way! someone told me this at my husband's funeral

Thank you all for your thoughtful responses. This is more complicated than I realized, but I now have a much better understanding of how the survivor benefits work. My sister and I will help my brother-in-law contact Social Security this week to discuss their specific situation and get accurate benefit estimates. It sounds like there are advantages and disadvantages to filing now versus not filing, and we need to understand those tradeoffs based on their specific benefit amounts. We'll also look into that service for connecting with SSA more quickly. I really appreciate everyone sharing their experiences and knowledge during this difficult time.

One important thing to note: You should receive Form SSA-L9790 every December. This is your annual GPO/WEP notice that shows how your benefits will be calculated for the coming year. It will include your reported pension amount, the 2/3 offset calculation, and the resulting SS benefit amount. This form is your opportunity to verify SSA has the correct pension amount. If there's an error, contact SSA immediately. Filing it away without checking can lead to those overpayment situations others mentioned. You can also check your current calculation anytime in your my Social Security account.

One more thing - don't assume SSA gets automatic pension updates from your pension system. Some pension systems report regularly to SSA, but many DON'T! In my case, my state teacher retirement system doesn't report to SSA at all. I have to report any pension changes myself by calling SSA or visiting the office. If you don't report increases and SSA finds out later (which they eventually will), you'll face an overpayment situation. They can take your entire SS benefit until it's repaid!

btw if he gets ssi he'll probably qualify for medicaid and snap too. auto enrollment in most states. at least that would help with food and medical care while waiting for everything else.

One more thing about SSI - make sure your brother understands they'll check his living situation. If he's living with family who provide food and shelter without charging him fair market value, SSA may reduce his SSI payment by up to 1/3 (this is called "in-kind support and maintenance"). Not saying he shouldn't apply, just be prepared to document any rental agreements or contributions he makes toward his living expenses.