Social Security Administration

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Ask the community...

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@user8 It's called the Windfall Elimination Provision (WEP), along with the Government Pension Offset (GPO). These are the provisions being phased out over the next decade. But they're being reduced gradually, not eliminated immediately. 10% reduction in 2025, 20% in 2026, and so on until fully eliminated in 2035. @yourusername If you can't find the marriage certificate, you should request a certified copy from the county clerk's office where they were married. SSA typically requires official documentation and may not have marriage records in their system. They need to verify both the marriage and that it remained valid until your father's passing.

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Thank you! I'll reach out to the county clerk's office this week. Mom's memory isn't great since Dad passed, but I think they got married in Sullivan County. I really appreciate all the helpful advice everyone has shared.

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i don't understand why this is so complicated lol. just call social security and tell them ur dad died and see what they say. my grandpa died and my grandma got his social security check the next month, it was automatic

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It's complicated because both parents worked in jobs with government pensions (teaching) that didn't pay into Social Security, but also had jobs that did pay into Social Security. The WEP/GPO provisions (which are being phased out) created special rules for these situations. Your grandparents' situation was likely more straightforward if they both worked in jobs that consistently paid into Social Security their entire careers.

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Wait im confused...isnt SSI different from regular social security? Maybe the worker was talking about SSI which does have asset and income limits even after retirement age? Just wondering if there was a miscommunication about which program.

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Good point about potential confusion, but the OP clearly mentioned retirement benefits that started at age 65, which would be Social Security retirement (RSDI/Title II) not SSI (Title XVI). You're correct that SSI has strict income and asset limits at any age, but those rules don't apply to regular Social Security retirement benefits. The earnings test for retirement benefits disappears at FRA.

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Thank you all so much for your helpful responses! I feel much better now knowing that the SSA rep was wrong and that my husband CAN earn unlimited income once he reaches his full retirement age next year without affecting his benefits. We'll definitely print out that SSA webpage for reference. And we'll make sure to verify that his benefit amount gets properly adjusted for any withheld amounts once he reaches FRA. What a relief - this means our retirement plan can proceed as we originally thought! I really appreciate everyone taking the time to help clarify this confusing situation.

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One critical thing no one has mentioned: make sure to request a "Without Fault" determination under SSA POMS GN 02250.061. This specifically addresses situations where the Representative Payee was prevented from performing their duties through no fault of their own. Also, when you visit the office, bring a signed statement explaining exactly what happened - having it in writing helps ensure nothing gets missed during your conversation. Be sure to emphasize that you began reporting wages immediately upon discovering the employment. The fact that you proactively reported once you found out will significantly strengthen your case.

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Thank you for mentioning this specific policy! I'll look up SSA POMS GN 02250.061 and make sure to request the "Without Fault" determination. I'm already drafting my written statement to bring with me. Would it be helpful to have it notarized, or is a simple signed statement sufficient?

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To answer your follow-up questions: 1. For your office visit, bring copies rather than originals. Have the originals with you in case they need to see them, but they'll typically just make copies for their files. 2. The reconsideration deadline is 60 days from the date on the notice. If you're close to that deadline, you can file a basic reconsideration form immediately and then supplement with additional evidence later. 3. A simple signed statement is sufficient - no need for notarization. One more important tip: If the SSA representative at your local office isn't helpful, don't argue with them. Instead, politely ask to speak with a supervisor or office manager. Sometimes the front-line staff aren't familiar with the nuances of representative payee liability, especially in cases like yours where you were denied access to financial information. Keep us updated on how your appointment goes!

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Thank you for answering my questions! I'll bring both copies and originals just in case. My appointment is next Tuesday, so I have time to prepare everything properly. I'll definitely come back and update after the meeting - hopefully with good news! I appreciate everyone's help so much.

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Update: I finally got through to SSA after using that Claimyr service someone mentioned. The agent confirmed what you all explained - my benefit IS calculated correctly. She walked me through it step by step. My husband's PIA (full retirement age amount) is $2,340, and my 50% would be $1,170, but since I'm taking it 5 years early, it's reduced by about 35% to $760. Since I have my own small benefit of $152, they pay me that plus the $608 difference. I understand now that my husband filing early doesn't actually reduce my spousal benefit at all - it's based on his full PIA regardless of when he filed. The only reduction is from ME filing early. Thank you all for your help explaining this complicated system!

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Glad you got it sorted out! One thing to remember is that despite the reduction, you're getting 60 months of benefits that you wouldn't have received had you waited until FRA. So while the monthly amount is less, the lifetime total might work out better depending on your life expectancy and financial needs. That's often overlooked in these discussions.

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i wish they would just make this simpler!!! why do we need to be math experts to get our benefits????

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I know! I feel like they should send us a detailed breakdown with our award letters showing EXACTLY how they calculated everything. Would save so much confusion!

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After reading more details on the bill, I want to clarify something important: The proposed formula would give you credit for your non-covered earnings (your nursing job) but would still result in a proportionally reduced benefit. The good news is that the arbitrary WEP reduction would be replaced with a formula that treats everyone fairly based on their actual earnings history. But since your covered earnings were minimal, your increase would be at the lower end of the range. If you can access your SSA earnings record, I could give you a better estimate of the potential increase.

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Thank you for the additional information. I just checked my Social Security statement online. My total covered earnings over my lifetime were about $58,500 (mostly from those early jobs), and my non-covered earnings were around $1.4 million from my nursing career. Based on those numbers, would you be able to estimate what my increase might be?

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With earnings figures like that, I can give you a rough estimate. Under the proposed proportional formula, they would calculate your benefit as if all earnings were covered, then multiply by the proportion of covered to total earnings. With $58,500 covered out of $1,458,500 total (4% covered), your benefit would be approximately 4% of what you'd get if all earnings were covered. That's actually close to what you're getting now, so your increase might be modest - perhaps 10-15%. The people who benefit most from the reform are those with substantial covered earnings (10+ years) alongside their non-covered work.

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That makes sense, though it's still disappointing. So maybe an extra $20-30 monthly at best. I guess I should be grateful for any increase, but it's hard not to feel like I'm being penalized for my career choices.

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