Can I claim SS spousal benefits if approved for Medicare through ex-spouse in 2009? GPO concerns
I'm really confused about my eligibility for Social Security benefits through my ex-spouse. Back in 2009, I was approved for Medicare based on my ex-husband's work record. I didn't receive any Social Security benefits at that time because I hadn't contributed to the system myself (no SS taken out of my paychecks). I remember being told I couldn't get half of his monthly SS amount because of the Government Pension Offset (GPO) since I had a pension from non-covered employment. Now I'm wondering - since SSA already approved me for Medicare through my ex in 2009, does that mean they already have my marriage and divorce documents on file? I'm thinking about applying for spousal benefits now but dreading having to track down all those old documents again. Has anyone gone through a similar situation? Would I need to resubmit all that paperwork?
16 comments
Sophia Carter
I went through something similar last year! Yes, if you were approved for Medicare based on your ex's record, the SSA should already have your marriage and divorce documents on file. But here's the thing - the GPO will still apply to any benefits you try to claim now if you're receiving that non-covered pension. How long were you married? It needs to be at least 10 years to qualify for ex-spouse benefits. I tried calling SSA about my situation and spent DAYS trying to get through.
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Aaron Boston
•Thanks for responding! We were married for 12 years, so I do meet that requirement. My pension isn't huge (about $1,850/month), so I'm trying to figure out if I'd get anything after the GPO reduction. Did you eventually get through to someone at SSA?
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Chloe Zhang
While SSA should have your documents on file since you were approved for Medicare based on your ex-spouse's record, they sometimes require updated documentation when you apply for actual benefits. The GPO will reduce your spousal benefit by approximately 2/3 of your non-covered pension amount. With a $1,850 pension, that's roughly a $1,233 reduction. If your ex-spouse's full benefit amount is $2,500, your potential spousal benefit would be $1,250 (half), but after GPO reduction, you'd likely receive $17 monthly ($1,250-$1,233), assuming these numbers. I recommend creating a my Social Security account online to see if they've calculated your potential benefits with the GPO applied. The online system will show if they have your marriage records already digitized.
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Aaron Boston
•Thank you for breaking down the math! I hadn't realized they would reduce it by that much. I'll check my online account, but I'm not very good with computers. Do you know if there's any way around the GPO? It seems so unfair that I worked all those years but just happened to be in a job that didn't pay into Social Security.
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Brandon Parker
THE GPO IS HIGHWAY ROBBERY!!! I worked as a teacher for 31 years and get ZERO of my late husband's Social Security even though he paid in his ENTIRE LIFE. This offset provision is UNFAIR to public servants!!! Don't expect much from SSA - they'll just quote the rules at you and show you the door. The whole system is RIGGED against us who chose to serve our communities!!!
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Adriana Cohn
•Totally agree with you! My mom was a city employee for 35 years and got almost nothing from dad's SS after he passed. The GPO and WEP both need to be reformed. There are bills in Congress almost every year to fix this but they never pass.
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Jace Caspullo
While SSA should have your marriage/divorce docs from 2009, regulations require them to verify eligibility for each benefit type separately, so you might need to provide them again. Here's what you should do: 1. Call SSA directly to confirm if they still have your documents 2. Ask specifically how the GPO will affect your potential benefit amount 3. Request a detailed calculation of your expected benefit The GPO reduces spousal benefits by 2/3 of your non-covered pension, so with a $1,850 pension, approximately $1,233 would be deducted from any spousal benefit you might receive. If you need to reach SSA, I recommend using Claimyr (claimyr.com) - they'll call SSA for you and get you connected to a representative without the hours-long wait. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. I was skeptical at first but it saved me literally hours of hold time when I was dealing with my own GPO situation.
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Melody Miles
•does this claimyr thing actually work? the SSA phone lines are impossible lately. i tried calling about my wifes survivor benefit last week and gave up after 2.5 hours on hold
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Nathaniel Mikhaylov
lots of misinformation in this thread. GPO doesnt always wipe out your benefits. depends on your specific numbers. OP should definitely apply and see what happens. my aunt got a small amount even with GPO.
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Aaron Boston
•Thanks for the encouragement! I'm definitely going to apply and see what happens. Even a small amount would help with my monthly expenses.
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Jace Caspullo
To answer the question about whether Claimyr works - yes, it does. They basically stay on hold with SSA for you and call you when they've reached a representative. Saved me from having to redial countless times or sit on hold all day. As for the GPO calculation, it's actually quite straightforward but many SSA representatives will run the numbers for you to see if you'll receive anything after the offset.
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Melody Miles
•thanks ill check it out. anything is better than sitting on hold all day just to get disconnected
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Nathaniel Mikhaylov
btw OP, make sure you actually file an application even if you think you might not get anything. sometimes people are surprised by the result and if you dont file you definitely get nothing
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Chloe Zhang
•This is excellent advice. Always file an application when you think you might be eligible. If you're denied, you'll receive a formal determination that explains why, which is valuable information. If you're approved for even a small amount, it could increase over time with COLA adjustments.
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Aaron Boston
Update: I called SSA this morning (got through after only 45 minutes!) and they confirmed they do still have my marriage and divorce records on file from when I applied for Medicare. The representative ran some preliminary numbers and thinks I might get about $75/month after the GPO reduction. Not a fortune but better than nothing! I have an appointment next week to file the formal application. Thanks everyone for your help!
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Sophia Carter
•That's great news! $75/month is $900 a year you didn't have before. Glad you were able to get through to them relatively quickly too!
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