Can I claim survivor benefits from first husband despite WEP reduction on my teacher pension?

if u already get ur own SS benefits (even with WEP reduction) i think u cant get survivor benefits too!! i think thats double dipping. my cousin tried to get both and they said NO WAY. But maybe someone here knows more?

This isn't double dipping at all - you're actually entitled to BOTH benefits in your situation. When dealing with survivor benefits, the Government Pension Offset (GPO) may apply instead of WEP, but the key here is that you can definitely receive both your own retirement benefit AND a survivor benefit from your first husband's record, though you'll receive the higher of the two amounts, not both full amounts combined. Since you were married to your first husband for more than 10 years before he passed away, and your second marriage ended in divorce, you absolutely maintain eligibility for survivor benefits based on your first husband's work record. Your remarriage ending in divorce actually restores your eligibility for survivor benefits from your first marriage. Call SSA directly to inquire about what your survivor benefit amount would be - it might be significantly higher than your WEP-reduced benefit, especially if your first husband had substantial earnings.

You've been given mostly accurate information above, but I want to clarify a few things based on my experience (I'm a retired financial planner who specialized in teacher retirement issues): 1. WEP affects YOUR OWN Social Security benefits based on YOUR work record 2. GPO (Government Pension Offset) affects SPOUSAL or SURVIVOR benefits 3. With GPO, your teacher pension will reduce survivor benefits by 2/3 of your pension amount Here's the calculation: - Your teacher pension: $3,900/month - GPO reduction: $3,900 × 2/3 = $2,600 - This means your survivor benefit would be reduced by $2,600 If your late husband's benefit (at your full retirement age) would be more than $3,120/month ($520 + $2,600), then switching to survivor benefits would increase your monthly payment. If it's less, then staying on your own reduced benefit is better. You're definitely eligible since your second marriage ended in divorce and you're past your full retirement age.

The WEP is such garbage!! I'm so angry about this penalty on teachers. They promised to get rid of it and nothing has happened! It's complete BS that you worked hard teaching our kids and now they're stealing your benefits! Did you know that Texas and a bunch of other states are fighting this? My mom lost almost 60% of her Social Security because she was a teacher for 35 years and it makes me FURIOUS!!!

I just went through almost this exact situation last year! My first husband passed in 1998 (married 14 years), then I remarried and later divorced. I'm a retired school administrator with a pension and WEP reduction. What I learned: YES, you CAN claim survivor benefits from your first husband, but here's the critical part: GPO (Government Pension Offset) will reduce those survivor benefits by 2/3 of your pension amount. Trying to get accurate information from SSA was nearly impossible - I called 18 times over 3 months and got disconnected or had 3+ hour wait times. I finally used Claimyr (claimyr.com) to get through to an agent without the wait. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it because I finally got to speak with someone knowledgeable who calculated my exact benefit. In my case, even with the GPO reduction, I still got an extra $370/month by switching to survivor benefits. Definitely worth checking!

Quick question - doesn't the wep reform bill that was introduced mean you'll get your full benefits soon anyway? I thought I read somewhere Biden signed something to fix this already

My advice would be to make an appointment at your local Social Security office rather than trying to figure this out by phone. They can run the calculations right in front of you and explain everything. I tried calling for weeks and kept getting different answers. When I finally went in person, the representative pulled up all my information and showed me exactly what I was eligible for. Turned out I was leaving about $380/month on the table by not claiming widow's benefits!

Has anyone here actually had success getting through the WEP reduction? My dad just retired from teaching and they cut his SS by almost half and were super nasty about it when he asked questions!!! He worked construction for 15 years before teaching and now they're acting like those years don't count!!!

To answer your original question directly: This is NOT double dipping. The Supreme Court has clearly established that survivor benefits and your own retirement benefits are separate entitlements. GPO may reduce the amount, but you are fully entitled to apply for and receive survivor benefits even while receiving your own retirement benefit. One crucial point I should add - you'll want to specifically request a "survivor benefit calculation with GPO consideration" when you contact SSA. Many representatives don't deal with GPO cases regularly and might give incorrect information if you don't use the specific terminology. If your calculated survivor benefit after GPO ends up higher than your current WEP-reduced benefit, they will pay you the difference.