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Social Security WEP repeal - can my father now collect SS benefits with teacher's pension?

My father is 79 and has been collecting his state teacher's pension ($3,200/month) for 14 years. Before becoming a teacher, he worked various jobs in manufacturing during the 1960s-70s and earned his 40 SS quarters, but with pretty low wages. My mother was always the higher earner under Social Security, but she passed away in 2017. Dad never applied for his own SS benefits or survivor benefits from Mom because we were told the WEP and GPO would reduce them to almost nothing. With all this talk about WEP reform in the new legislation, would my dad now qualify for some Social Security benefits? We tried logging into his mySocialSecurity account to apply online but got confused when the system said it wasn't an option. Does he need to call or visit an office? Has anyone successfully navigated this situation recently?

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

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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.

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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.

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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!

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Social Security spousal benefits with non-covered worker - can my husband claim on my record before I file at age 70?

I'm trying to figure out the rules for my husband who never paid into Social Security (he worked for a state government with their own pension system for 35 years). I've worked and paid into SS my whole life and I'm planning to delay claiming until I turn 70 to maximize my benefits. My questions are: 1) Can my husband qualify for spousal benefits based on my work record even though he has a non-covered pension? 2) Does he have to wait until I actually file for my benefits at 70, or can he start collecting spousal benefits earlier? 3) Will his spousal benefits reduce my retirement benefit amount? We're both 66 now, and I'm trying to plan our income for the next few years. The SSA website is confusing me with all this talk about WEP and GPO reductions. Any help sorting this out would be greatly appreciated!

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.

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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!

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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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Applying for Social Security with terminal illness - how will survivor benefits be calculated?

My brother-in-law was diagnosed with stage 4 pancreatic cancer last month. The doctors are giving him maybe 3-6 months. My sister is trying to figure out their financial situation and wanted me to ask about Social Security benefits. He's 63 and hasn't applied for retirement benefits yet. She wants him to apply now so they can get some income, but she's confused about how survivor benefits would work if he passes away shortly after starting to receive benefits. Would her eventual survivor benefit be based on what he actually receives now (reduced for early filing) or would it be based on his full retirement age amount? Also, does it matter how long he receives benefits before passing? She's 61 if that makes any difference for the calculation. Thanks for any help during this difficult 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

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I'm afraid that's not accurate. Whether your brother-in-law applies for benefits before passing does impact the survivor benefit calculation. If he doesn't apply at all, your sister's survivor benefit would be based on his full PIA (Primary Insurance Amount). If he applies early, the RIB-LIM provision would limit her survivor benefit as explained above. This is why getting accurate information directly from SSA is crucial.

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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.

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Can my brother with vision loss and limited work history qualify for SSI? Never paid enough into Social Security

I need advice about my 54-year-old brother's situation. He's mainly done cash construction jobs his whole life without paying much into Social Security (nowhere near the 40 credits needed). His health has deteriorated severely over the years – he broke his back falling off a roof in his 20s (got workers' comp temporarily), has had multiple serious injuries leaving him with 'more metal than bone,' and now has severe vision problems. He lost sight in one eye from a nail gun accident a few years back – had surgery but it didn't help much. He can only perceive light in that eye now. What's terrifying is his other eye is rapidly deteriorating too. He's seeing a specialist next month, but we're really worried. He owns just a trailer, an old truck, and has virtually no savings (maybe a tiny bit of crypto). He's been getting by doing odd jobs for family and friends, but with his vision failing, even that's becoming impossible. He applied for SSDI years ago but was denied – I'm guessing because of insufficient work credits. Would he qualify for SSI now given his disability and limited assets? Are there other programs that might help someone in his situation? I'm desperate to find him some support before his vision gets worse.

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.

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That's really good to know. Right now he has no health insurance, which is making his eye situation even more stressful. Getting Medicaid would be huge.

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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.

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They are SO NOSY about living situations!!! They asked me a MILLION questions about who pays for what and even wanted to see RECEIPTS for groceries! It's like they WANT to catch you in a lie!

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Can my 65-year-old friend claim Social Security survivor benefits from ex-husband who remarried before death?

My friend recently turned 65 and discovered her ex-husband passed away last year. They were married for about 8 years before divorcing, and he remarried after their divorce. She never remarried. I'm wondering if she qualifies for any Social Security survivor benefits as his ex-spouse? The whole situation seems complicated with the remarriage on his side. If she does qualify, what documentation would she need to prove their marriage? Does anyone know if the 10-year marriage rule applies differently in survivor cases versus regular spousal benefits? Any help would be appreciated since she's struggling financially and every bit would help.

I WENT THROUGH THIS EXACT THING!!! The SSA incorrectly told me I qualified when my ex died, then 6 months later said I didn't because we were only married 9 years and 10 months!!! They made me pay back ALL THE MONEY with interest! Your friend needs to be 100% sure before applying. The 10-year rule is strict and they count to the exact day. If they were married 8 years there's no way she qualifies as a surviving divorced spouse.

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Oh no, that sounds awful! I'll make sure she knows to be careful. Did you end up getting any benefits at all?

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I need to correct my earlier response. I confused the 9-month duration requirement for current spouses with the requirement for divorced spouses. For divorced spouse survivor benefits, the 10-year marriage duration does apply. I apologize for the confusion. Your friend should still contact SSA directly to discuss her options, but based on an 8-year marriage, she likely won't qualify for survivor benefits on her ex's record.

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Thanks for the correction. I'll let her know. She can still apply for her own retirement benefits at least.

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