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I think I'm confused about something - isn't the Fairness Act different from the WEP/GPO repeal? My brother-in-law was talking about some social security fairness bill that had to do with caretakers getting credits or something like that. Are we talking about the same legislation??
You're thinking of a different bill. The Social Security Fairness Act specifically addresses WEP and GPO repeals for public servants with pensions. The caregiver credits would be part of the Social Security Caregiver Credit Act, which is separate legislation that would allow people who leave the workforce to care for dependents to receive Social Security credits for that time.
Thanks everyone for the information. Sounds like I shouldn't count on this passing anytime soon, though I'll keep hoping. In the meantime, does anyone know if there are any strategies to minimize the WEP impact? I've heard something about getting to 30 years of substantial earnings can reduce the WEP penalty. I have 18 years now - would it be worth trying to work part-time somewhere to get to 30 years?
You're absolutely right about the 30-year strategy. The WEP reduction is eliminated entirely if you have 30+ years of substantial earnings in Social Security-covered employment. For 2025, 'substantial earnings' means earning at least $32,175 in a year. Since you already have 18 years, you would need 12 more years meeting that threshold to completely eliminate the WEP reduction. There's also a sliding scale - each year of substantial earnings over 20 years reduces the WEP penalty. So even getting to 20, 21, or 22 years would help somewhat.
My husband went through this exact situation 3 years ago with Prudential. He signed their papers, they assigned a lawyer, and he got approved for SSDI on the first try (which is rare!). When his backpay came in (about $17k), we had to pay back Prudential. It felt unfair but was in the policy contract. One thing to watch for - make sure they calculate your ongoing benefits correctly after SSDI kicks in. They made errors in my husband's case and we had to fight to get it fixed.
They calculated his SSDI amount incorrectly (used the wrong dollar amount) which made his LTD payment too low. Then they didn't account for the fact that his dependent also received a small SSDI benefit, which shouldn't have affected his LTD but they counted it anyway. We had to send multiple letters and make many calls to get it fixed. Keep ALL paperwork from SSA showing exact benefit amounts, and double-check their math!
my neighbor said you could get benefits from multiple spouses but i guess thats wrong from what everyone here is saying?
Your neighbor is completely wrong. You can never receive benefits from multiple spouses simultaneously. You can only receive one benefit - the highest one you're eligible for. The SSA will always pay your own retirement benefit first, and then supplement it if a spousal or survivor benefit would be higher.
congrats on figuring out ur ss strategy! ive been putting off even thinking about it bc its so confusing lol. good luck with ur application!!
To answer your question about applying right away: Yes, you should definitely apply for survivor benefits as soon as possible. Benefits can be paid retroactively for up to six months, but no further back than that, so delays in applying could result in lost benefits. While the GPO will reduce the amount, receiving even a reduced benefit is better than nothing. Also, the application process will give you a definitive calculation of exactly how the GPO affects your specific situation. When you apply, bring documentation of both your husband's death and your marriage, as well as information about your pension. They'll need to know the exact amount of your government pension to calculate the offset correctly.
sorry about your husband passing. my neighbor had almost the same situation with her county job and she said she still got the $255 death benefit at least. not much but better than nothing i guess
Fatima Al-Maktoum
my sister had the same problem and she just let them withhold the payments to recoup the overage then everything went back to normal. she didn't want the hassle of withdrawing and reapplying. less paperwork.
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CosmicCaptain
•That's definitely the simplest approach! Did your sister end up reaching FRA during this process? I'm wondering if she saw her benefit amount adjust later as someone else mentioned might happen.
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Giovanni Rossi
To clarify something important about the Adjustment to the Reduction Factor that was mentioned: This only applies if your husband started receiving benefits BEFORE his FRA. Since he started at 66 (which is before his FRA of 66+8 months for someone born in 1958), any months where benefits are completely withheld due to earnings will be credited back to him after he reaches FRA. SSA will automatically recalculate and slightly increase his monthly benefit to account for those months where he received no payment. This is why running the exact calculations is so important - withdrawing and reapplying later means repaying benefits now, but getting a higher amount later. Letting SSA withhold benefits means keeping what he's already received, getting a slightly increased amount later, but still having taken benefits early with some permanent reduction.
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CosmicCaptain
•This makes the decision even more complex than I initially thought. It seems like we need to calculate: (1) how much we'd need to repay now if withdrawing, (2) what his new benefit would be at FRA if we withdraw vs. the adjusted amount after ARF if we don't withdraw, and (3) how many years it would take to break even between these options. I think we definitely need to speak with an SSA representative to get these exact figures before deciding.
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