Social Security Administration

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Your experience is exactly why so many fought for the WEP repeal. It's a positive step toward fairness for public servants who've been penalized for decades. For anyone else in a similar situation: if you're close to retirement age and were delaying your application because of WEP, it's worth reconsidering now. For those still confused about whether they should apply, here's a quick checklist: 1. If you'll be 62+ after Dec 31, 2024: No WEP reduction at all 2. If you were 62+ before Dec 31, 2024: WEP reduction gradually phases out over 10 years 3. If you're already receiving benefits: Your WEP reduction will gradually decrease The best advice is to create a my.ssa.gov account and check your estimated benefit amount. Then consider consulting with a financial advisor who specializes in Social Security claiming strategies, especially if you have a complex situation involving government pensions.

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do you know if this affects people who worked outside the US? my husband worked in canada for 12 years and gets a small canadian pension. when he applied for SS last year they reduced his benefit because of the canadian pension. is that WEP too? will he get an increase now?

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Yes, the WEP repeal does affect people who worked abroad and receive foreign pensions from countries that have totalization agreements with the US (like Canada). The Windfall Elimination Provision applied to foreign pensions from work not covered by US Social Security taxes, similar to how it affected US government pensions. Your husband's situation should be reviewed under the new rules. If he was already receiving reduced benefits due to WEP, he should see his benefit gradually increase over the next 10 years as the WEP phase-out is implemented. The Social Security Administration should automatically adjust his benefit amount - he doesn't need to take any action. However, it's always a good idea to contact SSA to confirm this is being handled correctly in his specific case. Keep in mind that international cases can be complex, and you might want to speak with an agent who specializes in international benefits.

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That's interesting about foreign pensions! I used to work as a teacher in Australia for 5 years and have a small pension there too. Good to know this might help my benefit calculation when I finally retire next year.

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Maybe I misunderstanding something - I thought the widow always gets the HIGHER of either their own benefit OR their deceased spouse's benefit? So if your mom is already getting the highest benefit (from husband #1), why would it matter if husband #3's benefit increases after WEP repeal? Wouldn't she just continue getting the highest one available?

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Great question. The key is that right now, husband #3's benefit might be artificially lower due to WEP/GPO. If those provisions are repealed, his benefit could potentially become higher than husband #1's, making it the new highest benefit available to her. That's why it's worth checking what husband #3's unreduced benefit would be - to see if it might exceed what she currently receives from husband #1 after a repeal is implemented.

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Something else to consider: The GPO/WEP repeal proposals usually include a phase-in period, not an immediate full repeal. This means the full benefit increase would likely come gradually over several years. Given your mother's age, I'd recommend getting the information now so you're prepared to take action as soon as any legislation passes. While you're gathering this information, also ask about what documentation she might need to provide if she needs to switch to claiming on husband #3's record. Having these documents ready (marriage certificate, death certificate, etc.) can save time later.

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That's a really important point about the phase-in period that I hadn't considered. I'll definitely get all her documentation in order too. She has all the marriage and death certificates filed away, so at least that part should be straightforward. Thank you for this advice!

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The thing that makes me so MAD is how they say no first without even checking!!! its like they WANT to deny us what we deserve and hope we dont know better and just leave! my brother in law got denied disability 3 times and finally got approved after getting a lawyer. the system is rigged against us regular folks

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EXACTLY!!! It's designed to wear us down until we give up! When my husband got disabled it took FOURTEEN MONTHS and TWO appeals before they approved him. And all that time we were struggling to pay bills. Then they act like they're doing you a favor when they finally approve what you deserved all along! The whole system needs to be FIXED.

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Update: I called SSA this morning because I realized I forgot to bring my son's school transcript yesterday. The agent I spoke with was actually very helpful and said I can upload it through my mySocialSecurity account instead of making another trip to the office. She also confirmed that yes, I'll need to submit updated enrollment verification each semester. Just wanted to share this tip in case it helps anyone else!

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That's excellent information. Using the mySocialSecurity portal for document uploads is definitely the most efficient method. For student benefits, SSA Form SSA-1372 (Student's Statement Regarding School Attendance) is typically required at the beginning of each academic year, not necessarily each semester. Your school's registrar office should be familiar with completing their portion of this form. Keep digital copies of everything you submit!

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my wife had same question last yr. turns out she got extra $212/month from spousal when we worked it all out. but took forever to get straight answer from ssa.

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That's a nice bump in benefits! I hope I qualify for something similar. Did they backdate her payments at all?

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To directly answer your original question: yes, you have the basic concept correct. You need to be receiving less than 50% of your husband's PIA at his FRA to qualify for a spousal top-up, and he needs to be collecting his own benefits (which he is). The next step is determining if your $2,150 benefit is less than 50% of his PIA. This may require contacting SSA directly as others have suggested.

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Thank you for confirming! I'll definitely reach out to SSA to get the specific numbers for his PIA and see where I stand.

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when my husband died two years ago i had so much trouble with survivor benefits.... just keep calling til you get someone nice. theres good people and mean people at every office

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Just to give you some peace of mind about your survivor benefits application - even if there was somehow an issue with your appointment (which is unlikely), you won't lose any benefits. Survivor benefits can be paid retroactively for up to six months from your application date. So even if you have to reschedule, you'll still receive all the benefits you're entitled to from your initial contact date. The SSA considers your first contact about applying as your protective filing date, which preserves your benefits while you complete the actual application. But definitely verify your appointment using the methods others have suggested. The national number (800-772-1213) is your best bet if you don't see anything in your online account.

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Amara Eze

Oh that's such a relief! I was worried I'd lose money if my application got delayed. Knowing about the protective filing date helps a lot. Thank you!

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