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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.
I'm definitely going to file that Request for Reconsideration! I didn't know that was different from the waiver. I have copies of emails I sent them before my retirement and copies of the faxes I sent with my pension information. Thank you so much for this advice - it gives me hope I might get some of that money back.
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.
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 successfully switched from my first husband's survivor benefit to my second husband's higher retirement benefit when he turned 70 (we were still married). Different situation, but yes, SSA will process benefit switches if you qualify. The key is getting to the right person who understands the rules. Using Claimyr helped me get to an experienced agent who processed everything correctly the first time. You can see how it works at https://youtu.be/Z-BRbJw3puU - helped me bypass hours of hold time.
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?
For widow's benefits, you can apply up to 4 months before you want benefits to begin. So if you want benefits to start the month you turn 60, you should apply when you're 59 years and 8 months old. It's best to apply early rather than late because survivor benefits can only be paid for up to 6 months retroactively, so if you wait too long, you could lose some payments you're entitled to receive.
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.
This is getting confusing. So his SSDI amount might not be what my survivor benefit would be based on? I thought since he was already receiving disability, that would be the amount (plus COLAs). I definitely need to talk to someone at SSA to get the exact numbers for my situation.
For SSDI recipients, the disability benefit is calculated the same way as a full retirement age benefit, so they're typically the same amount. Your husband's SSDI payment should be the basis for your survivor benefit (plus any COLAs since his passing). I just wanted to clarify since some people confuse SSDI with SSI or other benefits.
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.
Victoria Jones
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.
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Jessica Nguyen
•make sure u get somone who REALLY understands GPO when u talk to SSA!! my first meeting they told me completely wrong info and i made bad decisions based on it!!!
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Mateo Silva
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!
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