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.

Quick update on HR 82 - there was actually a hearing scheduled for March 2025 in the House Ways and Means Committee. While this doesn't guarantee passage, it's the furthest the bill has progressed in years. Consider joining advocacy groups like the Social Security Fairness Coalition who are organizing virtual lobbying days this spring. Also, regarding your specific situation, if your spouse's benefit increases in the future (like when he turns 70 if he's delayed claiming), your potential spousal benefit would increase too, which might exceed the GPO reduction at some point.

Has anyone else noticed that the SSA website barely even EXPLAINS GPO properly???? I had to find out about it from my teacher's union, SSA never warned me until it was too late!!!! The whole system is designed to keep us in the dark!!!!

My sister just went through this exact thing! Her husband was on disability too. She was shocked when she found out how the math works. Since she makes about $50k, she basically would get $0 in survivor benefits until she either quits or hits her FRA.

One thing to clarify about survivor benefits that might affect your planning: your survivor benefit amount is based on what your husband would have received if he had reached full retirement age, even though he was receiving SSDI. So the calculation is: - If he died before his full retirement age (which it sounds like he did): Your survivor benefit is based on his full retirement age benefit amount - If he died after reaching his full retirement age: Your survivor benefit would be based on what he was actually receiving This is why it's important to speak directly with SSA about your specific situation - the exact calculation can affect your planning significantly.

To be extra clear about the WEP calculation: The law says they use the "monthly periodic payment which the individual first became entitled to receive" (not subsequent increases). You can find this in Section 215(a)(7) of the Social Security Act. If you have your initial pension award letter, that's your best documentation. Also, don't forget that WEP impact is reduced if you have 21+ years of substantial earnings under Social Security, and eliminated completely with 30+ years.

One additional tip: if you're using the WEP calculator on the SSA website, after you enter your initial pension amount, make sure you also check if any of the WEP exceptions apply to you. There are several situations where WEP might not apply or might be calculated differently, such as if you were eligible for your pension before 1986 or if you have federal employment covered under CSRS Offset. The calculator might not account for these exceptions automatically.

Does anyone know how long these ex-spouse applications typically take to process? I'm worried that even after my March appointment it'll be months before I see any change in my benefit amount.

this whole WEP/GPO stuff makes my head spin! feels like they purposely make it complicated so we don't get all the benefits we deserve :