For those interested in current legislative efforts, there are two main bills that have been introduced to address WEP: The Social Security Fairness Act (which would fully repeal both WEP and GPO) and the Public Servants Protection and Fairness Act (which would modify WEP with a new formula). The fairness act has more cosponsors but the Protection act is seen as more fiscally feasible. Neither has passed yet, but you can contact your representatives to express support.

ive heard that if you work after you start getting your pension like a parttime job that pays into ss it can help reduce the wep penalty over time is that true??

Yes, the GPO calculation is the same for survivor benefits (2/3 of your government pension), but as mentioned, the survivor benefit amount is higher to begin with (potentially up to 100% of your husband's benefit if you claim at your FRA, versus 50% for spousal benefits). I'd recommend scheduling an appointment with SSA to discuss both your current options and future planning. They can provide benefit estimates specific to your situation.

Thank you all for the helpful information! I'll definitely apply and see what happens, but I won't count on receiving anything given the GPO reduction. I appreciate the tip about Claimyr for reaching SS - might try that instead of spending hours on hold. And I'll make sure to ask specifically about both spousal and potential future survivor benefits when I speak with them. This forum has been so much more helpful than trying to figure it out on my own!

I just went through this EXACT sitution!!! The overpayment thing is SO frustrating. I retired from Florida schools with FRS pension and they hit me with a $4200 overpayment on my husbands survivor benefits. Heres what worked for me: I filed a "Request for Reconsideration" (not just a waiver) and specifically argued that I had reported my pension timely and accurately. I sent in proof of all my communications with SSA about the pension. It took 3 months but they eventually reversed 80% of the overpayment because they agreed their processing delay wasn't my fault. Don't just accept what they initially tell you! Also I found calling them impossible until I used a service called Claimyr that got me through to an agent in about 15 minutes. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. After struggling for weeks to get anyone on the phone, it was a huge relief.

After reading through this whole discussion, here's what I recommend for your situation based on the information you've shared: 1. File a Request for Reconsideration for the overpayment as suggested above, not just a waiver. Focus on the fact you provided information timely. 2. Continue receiving your survivor benefits for now while you gather more information. 3. Get a detailed WEP calculation for your own benefits. This is crucial for making an informed decision. 4. Based on the estimates you shared: - Your survivor benefit after GPO: $1,320/month - Your own benefit at FRA before WEP: $1,450/month - Your own benefit at 70 before WEP: ~$1,798/month If your WEP reduction is more than $130/month (which is likely with 15 years of substantial earnings), then waiting until 70 to switch to your own benefits probably makes the most sense financially. This is a very common situation for Texas teachers with TRS pensions. The GPO and WEP reductions are significant, but proper planning can help maximize what you receive despite these penalties.

I'd like to add one important point: the adjustment for your wife should happen automatically when you file for your retirement benefits, but it's always good to specifically mention to SSA that your wife should receive the spousal benefit when you file. Sometimes these automatic adjustments don't process correctly. Also, keep in mind that since your wife's current benefit of $800 likely reflects the reduction for claiming at 62, that early claiming reduction will continue to affect her overall benefit. The spousal add-on calculation is based on the difference between her reduced benefit and half of your FRA amount.

One more thing! When your wife starts receiving the spousal benefits, they'll be subject to the same taxation rules as other Social Security benefits. Depending on your combined income, up to 85% of Social Security benefits may be taxable. Just something to factor into your retirement budget planning for next year.

Has anyone actually successfully switched from one widow benefit to another? My mother tried to do this (switch from her second husband to first husband's record) and the SSA office gave her such conflicting information that she gave up. One person said she could, another said she couldn't - typical SSA confusion!

I've been reading through all these comments and now I'm confused about one thing - when exactly should the original poster apply? Right at 60? A few months before? After? I know with regular SS retirement you can apply a few months early but when does that process start for widow benefits?