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I'm really confused about all this WEP talk. I thought WEP only applied to people who didn't pay into Social Security enough quarters? Or is that the other one... GPO? I get them mixed up. My husband worked for the railroad and I know his pension affected something with my benefits but I can never remember which is which...
You're confusing WEP and GPO. WEP (Windfall Elimination Provision) reduces your OWN Social Security benefit if you worked in jobs where you didn't pay Social Security taxes (like some government or foreign jobs) AND also worked enough in SS-covered jobs to qualify for benefits. GPO (Government Pension Offset) reduces spouse/survivor benefits if you receive a pension from non-covered government work. The railroad retirement system has special coordination with Social Security that works differently from either of these provisions.
The good news with the WEP reform proposals is that there seems to be bipartisan support for some kind of fix. The bad news is that they've been trying to fix it for years with no success yet. For those wondering about the status, there are currently multiple bills in Congress addressing WEP reform. Some call for full repeal, others for a modified formula that's less punitive. Most include some retroactive payments for those already affected, though likely not full retroactive amounts going back years. I think it's smart that you delayed benefits to age 72 regardless of what happens with WEP reform. That 40% increase for delaying claim from 67 to 72 is substantial and would help offset the WEP reduction even if reform never passes.
Yes, that was my thinking at the time - that delaying would at least partially offset the WEP reduction. What I didn't anticipate was potentially getting both the full non-WEP amount AND the delayed credits if reform passes. That would be a significant windfall for me and others in similar situations. Do you happen to know which specific bill has the most support currently? I'd like to contact my representatives about it.
The Social Security Fairness Act (H.R. 82 in the last Congress) had the most co-sponsors, but there are other bills with different approaches too. The Ways & Means Committee has also discussed compromise solutions. Best approach is to contact your rep and express support for WEP reform generally rather than a specific bill, since the final solution might be a compromise version.
Based on your follow-up comments, here's what I suggest for your specific situation: 1. Complete your divorce first 2. Request your own Social Security Statement through your my Social Security account online 3. Contact SSA specifically requesting: - Verification of your deceased former husband's PIA (Primary Insurance Amount) - Calculation of your widow benefit at age 60 (71.5% of his PIA) - Calculation of your own retirement benefit at FRA With these three figures, you can work with a financial advisor to determine whether keeping your house is financially viable. The most accurate calculation will include both your reduced widow benefit at 60 and how it compares to your own benefit at your FRA. This information is essential for making informed long-term financial decisions.
DON'T go to a bank financial advisor!!! They don't know SS rules AT ALL and just want to sell you products!!! I learned this the hard way when mine told me completely wrong information about survivor benefits and almost cost me THOUSANDS!!! Find someone who specializes in Social Security claiming strategies - there are actual consultants who ONLY do this!
This is good advice. Look specifically for a financial advisor who has the RSSA (Registered Social Security Analyst) or NSSA (National Social Security Advisor) certification. These advisors have specialized training in Social Security claiming strategies and how they integrate with overall retirement planning.
One more important thing: when your father-in-law goes to his appointment, he should bring his and your mother-in-law's: - Birth certificates - Marriage certificate - Her death certificate - Most recent tax return - His Social Security card Also, he should be prepared to provide information about any previous marriages either of them had, including dates and documentation if available. And absolutely have him use the exact phrase "I want to file a restricted application for survivor benefits only while delaying my retirement benefit until age 70." Being very specific with this language helps ensure he gets the correct outcome.
my uncle did this i think. he got my aunts benifits after she died but then swtiched to his own later when he turned 70. he said it was confusing but worked out good in the end. hope your father in law gets what he deserves!!
That's encouraging to hear! It's exactly what we're trying to do. It's such a common situation that I'm surprised the SSA representatives aren't better trained on it. But from everything I've read here and elsewhere, it sounds like we just need to be persistent and clear about what we're asking for.
One more important thing to note - even if your own retirement benefit amount doesn't exceed your survivor benefit now, it's still worth checking every couple of years if you continue working. Each additional year of earnings could potentially replace a lower-earning year in your 35-year calculation for your own benefit. The difference might be small each year, but over time it could eventually push your own retirement benefit higher than your survivor benefit. Also, don't forget that your continued work might affect your future Medicare Part B premiums through IRMAA (Income-Related Monthly Adjustment Amount) if your income is high enough. This isn't directly related to your benefit amount but is something to be aware of as you continue working.
Just to share my experience - I was in a similar situation and discovered my own benefit had grown to be $230 higher than my survivor benefit! I had been working part-time for 8 years after starting survivor benefits. When I finally got through to SSA after countless attempts (seriously, their phone system is the worst), they did the calculation and switched me to my own benefit. They were only able to backpay me for 6 months though, which was frustrating since I could have been getting the higher amount for years if I'd known to ask. Don't wait - check on this now!
Paolo Ricci
my uncle worked for govt and when he died my aunt got like half his pension. she said the paperwork was a mess though. good luck
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Connor O'Neill
One thing nobody mentioned - if you're planning to work while collecting survivor benefits, be aware of the earnings limit! In 2025 if you earn over $24,000 (I think that's the new amount), they'll deduct $1 from benefits for every $2 you earn above that limit. The limit goes away when you reach full retirement age though.
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StarSailor}
•That's really good to know! I do work part-time and was planning to continue. Does that earnings limit apply to all types of income or just wages from a job?
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Zainab Ismail
•The earnings limit only applies to wages from employment or net earnings from self-employment. It doesn't count investment income, interest, pensions, annuities, capital gains, or other government benefits. Also, if your benefits are reduced because of the earnings limit, you'll get credit for those months when you reach full retirement age, resulting in a higher benefit amount later.
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