Can I collect ex-husband's Social Security while receiving Railroad Retirement survivor benefits under new law?

i think ur confused about the new law. it's about WEP and GPO changes, not about getting double benefits. railroad retirement and SS are connected systems, check the RRB website

Thanks for replying! What's WEP and GPO? I'm not totally clear on what they are or how they relate to my situation. The RRB website is so confusing to navigate.

The new law you're referring to is likely the Social Security Fairness Act that modified the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). However, this doesn't change the fundamental relationship between Railroad Retirement and Social Security.As a surviving spouse receiving Tier 1 Railroad Retirement benefits, you're essentially already receiving the equivalent of Social Security survivor benefits through the RRB system. The general rule is that you cannot receive both full Railroad Retirement survivor benefits AND Social Security benefits on another person's record simultaneously.Regarding your ex-husband: while you meet the 10-year marriage requirement for divorced spouse benefits, the RRB will generally offset any potential Social Security benefits. You might be eligible for a small additional amount if your ex-husband's Social Security benefit calculation would result in a higher amount than what you're currently receiving.I recommend calling the RRB directly to discuss your specific situation. They can calculate whether you'd be entitled to any additional amount based on your ex-husband's record.

Thank you for such a detailed explanation! I thought this new law might be my ticket to getting some extra help. I'm receiving Tier 1 and Tier 2 benefits from RRB, so it sounds like I'm already getting what I would have gotten from Social Security. I'll try calling the RRB, but their phone lines are always jammed. It takes forever to get through to anyone.

I had a similar situation last year trying to figure out benefits between systems. After WEEKS of trying to reach RRB on the phone (seriously, their hold times are insane), I found a service called Claimyr that got me through to an agent in about 25 minutes instead of spending days redialing. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puUWorth it to finally get answers about my specific situation since every case seems different with RRB/SS combinations. The agent was able to run calculations for me on multiple scenarios.

does that really work? seems sketchy. i usually just keep calling till i get through

It worked for me! Not sketchy at all - they just call and wait on hold for you, then connect you when an agent picks up. Saved me literally hours of frustration. My brother used it too for his disability application status check.

My aunt got denied when she tried to collect both. Something about \

The changes to WEP/GPO in the recent legislation primarily affect people who worked in jobs that didn't pay into Social Security (like some state and local government positions) while also having jobs that did pay into Social Security. Your situation is different. Railroad Retirement Tier 1 benefits are coordinated with Social Security, and there's a specific provision called the \

I went through this EXACT same thing last year!!! RRB makes this so confusing!!!! I spent MONTHS trying to figure it out. OP listen to this person - they know what they're talking about. The key is filing with RRB not Social Security!!! I made that mistake and wasted so much time. I was married to my ex for 22 years and they STILL said I couldn't get both benefits!

Thanks everyone for the helpful information! I think I understand better now. The new law about WEP/GPO doesn't really apply to my situation since I'm already in the Railroad Retirement system. I'm going to call the RRB to see if my ex-husband's Social Security record might provide a higher benefit than what I'm getting now. I appreciate all your advice and experiences - it's so complicated trying to figure this stuff out on your own.

Good plan. When you call RRB, specifically ask them to check if you qualify for any \

not related to your question but my mom was getting RR benefits and when she moved they messed up her address and stopped her payments for 3 months!!! make sure they always have your current info. nightmare dealing with them

Oh that's awful! Thanks for the warning - I actually am planning to move in with my daughter next year, so I'll make sure to update my address right away. Did your mom eventually get the back payments they owed her?

yeah she got the money but took like 5 weeks after fixing the problem. keep ALL paperwork they send you

One final note: make sure when you speak with RRB that you specifically ask about the

I'm in a similar situation and went through this process last year. The key thing to understand is that Railroad Retirement Tier 1 benefits are already coordinated with Social Security - you're essentially getting the Social Security equivalent through RRB. However, you should definitely check with RRB about your ex-husband's record since you were married 15 years. Even though you can't "double dip" and get full benefits from both systems, RRB will calculate if your ex-husband's Social Security earnings record would result in a higher benefit than what you're currently receiving. If so, you might be entitled to the difference. The Social Security Fairness Act that passed recently mainly affects WEP/GPO provisions for government workers, not Railroad Retirement beneficiaries. When you call RRB, ask them to run a "deemed filing" calculation using your ex-husband's Social Security record to see if you qualify for any additional amount.