Social Security Administration

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Remember that any changes to the WEP formula would be based on your years of substantial earnings under Social Security. If you have 30+ years of substantial earnings, WEP doesn't apply at all. If you have 21-29 years, the WEP reduction is lessened. Might be worth checking if you're close to one of those thresholds. You can request your earnings record from SSA to verify your years of coverage.

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anybody know what the fairness act actually says? will it be retroactive? my mom already retired 2 years ago and got screwed by wep

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From what I understand, the most recent version would phase out WEP/GPO over 5 years and would apply to both current and future beneficiaries. But honestly, it's been introduced so many times without passing that I'm not holding my breath.

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Update: I went with my mother-in-law to the funeral home today and got 10 copies of the death certificate. We've scheduled an appointment with SSA for next week. They told us she should bring her ID, both their Social Security cards, marriage certificate, death certificate, and a recent bank statement. I'm going to go with her to make sure everything gets handled correctly. Thank you all for your advice - it's been incredibly helpful during this difficult time.

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Smart to go with her! When I went with my mom, the SSA person almost forgot to mention the lump sum death benefit. It's only $255 but every bit helps. Sounds like you're on top of things!

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my friend said when her mom died the dad got a letter automatic like 2 weeks later and didnt have to do nothing. is that different for husbands vs wives or something?

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Yuki Sato

No, gender doesn't matter for survivor benefits, but the process can vary depending on individual circumstances. If SSA already knows about the death (usually reported by the funeral home), they sometimes automatically process certain changes. However, survivor benefits typically require an application, especially when switching from your own benefit to a survivor benefit. Relying on automatic processing is risky - always better to be proactive and contact SSA directly.

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Thanks everyone for the helpful feedback. Based on the calculations shared, we've decided it's not worth amending the returns since the break-even point would be around 25+ years. I appreciate all the insights!

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smart move! save that $$ for something fun instead lol

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One important thing to consider: there's a 3-year, 3-month, and 15-day time limit for correcting Social Security earnings records. For earnings from 2015-2016, you're already beyond this window. However, SSA can make exceptions for "good cause" which includes situations where income was properly reported to IRS but not to SSA. You'd need to file Form SSA-7008 (Request for Correction of Earnings Record) along with proof of income and an explanation. Also, to be very technical, the benefit formula takes your highest 35 years of indexed earnings. The indexing factor adjusts earlier years' earnings upward significantly. So two recent years at $87k each might not actually replace years that, although lower in nominal terms, might be higher after indexing. If you want an exact calculation, you can request a detailed earnings analysis through an in-person appointment at your local SSA office.

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Great point about the time limit! I forgot about that restriction. Also excellent explanation about the indexing - many people don't realize that $50k earned in 1990 might actually count MORE than $80k earned in 2015 after indexing.

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Wow, I didn't know about the time limit. That definitely makes our decision easier - probably not worth fighting for an exception when the financial benefit is questionable anyway. Thank you for this detailed explanation!

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I remember reading somewhere that if you take a lump sum instead of monthly pension payments, the SSA has to calculate what your monthly payment would have been and then apply GPO to that amount. Might be worth asking your pension administrator if there's any way to structure the lump sum that minimizes this impact. Also, make sure to get everything documented really well before you contact SSA.

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That's very helpful - I didn't realize they would calculate a theoretical monthly amount from the lump sum. I'll definitely talk to my pension administrator about structuring options before finalizing anything. Thank you!

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wait why are u taking survivors benefits if ur working? doesn't that mean ur husband passed? sorry if thats too personal just confused

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Yes, my spouse passed away three years ago. I've been working at my government job since before that happened, but now I'm finally retiring and trying to figure out how best to coordinate my pension with the survivor benefits I'm entitled to from my late spouse's Social Security record.

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oh that makes sense sorry for your loss. good luck with everything!

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One additional point regarding your situation: while those zero years won't be replaced with your ex-spouse's earnings, there is a "caregiver credit" proposal that's been discussed in Congress for several years. It would provide earnings credits for people who leave the workforce to care for children or elderly family members. It hasn't passed yet, but if you're interested in advocacy on this issue, organizations like the National Committee to Preserve Social Security and Medicare are working on it. In the meantime, maximize your earnings for the remaining years of your career to replace as many zero years as possible in your benefit calculation.

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Thanks for mentioning the caregiver credit proposal - I hadn't heard about that. I'll definitely look into organizations advocating for this change. It's too late for me, but maybe future generations of parents won't be penalized for raising their children.

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Just to add to what others have said - when calculating your benefit, Social Security uses your highest 35 years of indexed earnings. The 'indexed' part is important because it adjusts your past earnings to account for wage inflation over time. So while those 10 years do count as zeros, if you're working now, even part-time jobs could potentially replace some of those zeros in your calculation. Also, when you apply for benefits, SSA will automatically calculate whether a spousal benefit based on your current husband's record would give you a higher monthly payment than your own record. You'll receive whichever is higher - they do this calculation automatically.

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