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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.
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.
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.
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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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.
Oh thanks for clearing that up! There are so many bills with similar names it gets confusing.
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.
This is what makes me SO MAD about this whole system! Why should we have to work EXTRA YEARS just to get what everyone else gets automatically?? Public servants are being PUNISHED for choosing careers helping others!!
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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.
Thank you so much for this advice. I'll gather all my documentation and apply right away. Even a reduced benefit will help with expenses.
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
Yes, I did receive the $255 death benefit already. It seems so small compared to what my husband paid into the system over his lifetime.
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The advice here is mostly good but I want to clarify something important: with ALS, there is NO 5-month waiting period for SSDI benefits like there is with other disabilities. Also, Medicare eligibility begins immediately after SSDI approval rather than the normal 24-month waiting period. Make sure your brother knows this as it's extremely important for covering medical costs. Also, has your brother checked if he has any private disability insurance through previous employers? Many people don't realize they might have coverage. With ALS, it's critical to secure all possible financial resources.
I had no idea about the waived waiting periods for SSDI and Medicare with ALS! That's incredibly valuable information. He was just approved for SSDI but hasn't received information about Medicare yet, so I'll make sure he follows up on that immediately. And good point about private disability insurance - he did have coverage through his employer before he had to stop working, and we need to check on the status of that claim. Thank you so much for this information.
One more thing no one has mentioned - if his ex-wife has never worked, she should look at SSI (Supplemental Security Income) too, not just waiting for benefits based on your brother's record. She might qualify NOW based on need, age, and disability if she has any health issues herself. The rules are complicated but worth checking into.
This is partially correct but needs clarification. SSI is need-based and has strict asset limits ($2,000 for individuals). If the ex-wife has savings, investments, or other resources above that threshold, she wouldn't qualify regardless of her lack of work history. Also, at age 60 without a qualifying disability, she wouldn't meet the age requirement for SSI (which is 65). Her best option is still likely waiting until she's eligible for benefits based on the ex-husband's record.
Summer Green
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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Marilyn Dixon
•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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Louisa Ramirez
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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Marilyn Dixon
•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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Louisa Ramirez
•oh that makes sense sorry for your loss. good luck with everything!
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