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Sofía Rodríguez

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

I'm currently receiving Railroad Retirement benefits as a surviving spouse after my husband passed away last year. I've been hearing about some new law that might affect Social Security benefits, and I'm wondering if it could help my situation. My question is: Can I also collect Social Security benefits based on my deceased ex-husband's record? We were married for 15 years before divorcing in 2006. He worked for a manufacturing company and paid into Social Security his whole life. I'm 68 now and struggling with rising costs. Would this new law allow me to receive benefits from both systems? Has anyone successfully collected from both Railroad Retirement and Social Security as a survivor? Any info would be really appreciated!

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

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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.

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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.

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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.

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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.

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

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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.

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

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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

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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!

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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.

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

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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

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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?

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

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

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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.

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This is really helpful! I'm new to understanding these systems and this explanation makes so much more sense than what I was reading online. Can you clarify what "deemed filing" means exactly? Is that something I need to request specifically when I call RRB, or will they automatically check that for me? Also, about how long does it typically take for them to run those calculations? I'm trying to figure out if it's worth the effort given what others have said about RRB's long wait times.

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Great question! "Deemed filing" is basically when RRB automatically considers you to be filing for all benefits you're eligible for, including those based on your ex-spouse's record. You don't need to use that exact term when you call - just tell them you want them to check if your ex-husband's Social Security earnings would give you a higher benefit than what you're currently getting. They should automatically run this comparison for you. From my experience, the actual calculation doesn't take long once you get through to an agent - maybe 10-15 minutes while they're on the phone with you. The hard part is getting through in the first place! But it's definitely worth it because even a small increase can add up over time. Make sure you have your ex-husband's full name, Social Security number if you have it, and your marriage/divorce dates ready when you call.

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Deemed" filing basically means RRB will automatically consider you as having filed for benefits on your'ex-husband s Social Security record when you apply for or review your Railroad Retirement benefits. You'don t need special language - just tell them you want to check if your'ex-husband s Social Security earnings would give you a higher benefit.'They re required to look at all records you might be entitled to. The calculation itself is pretty quick once you get through to an (agent maybe 10-15)minutes , but as everyone mentioned, actually getting through can take hours. If you decide to try that Claimyr service someone mentioned, make sure you have your'ex-husband s Social Security number and approximate dates of your marriage ready -'they ll need that info to run thecomparison.

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@Danielle Mays Deemed "filing basically" means RRB will automatically consider you as having filed for benefits on all records you re'potentially eligible for - including your ex-husband s'Social Security record. You don t'need to use that exact term when calling, but you should specifically ask them to check "if my ex-husband s'Social Security earnings would give me a higher benefit than what I m'currently receiving. They" should do this automatically, but it s'good to be explicit about it. The calculation itself is pretty quick once you get through to an agent - maybe 10-15 minutes on the phone. The hard part is just getting connected! From my experience, it s'definitely worth the effort because even a small increase can add up over time. If you re'struggling with the phone waits like others mentioned, try calling right when they open at 8:30 AM or consider that Claimyr service someone mentioned earlier.

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@Danielle Mays Deemed "filing is" when RRB treats your application as if you re'also filing for Social Security benefits based on your ex-spouse s'record, even though you re'in the Railroad Retirement system. You should definitely ask for this specifically - don t'assume they ll'automatically check it. Say something like I "d'like you to run a deemed filing calculation using my ex-husband s'Social Security earnings record to see if I qualify for any additional benefits. From" my experience, once you get through to an agent, the calculation itself only takes about 10-15 minutes while you re'on the phone. They can access both RRB and Social Security records in real-time. The hard part is just getting through to someone! But it s'absolutely worth it - even a small increase can add up over time, especially with inflation hitting everything so hard right now.

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Deemed" filing basically means RRB will automatically consider you as having applied for benefits on all records'you re potentially eligible for - including your'ex-husband s Social Security record. You'don t need to use that exact term when you call, just tell them you want to know if your'ex-husband s Social Security earnings would give you a higher benefit than what'you re currently getting. They should run this calculation automatically, but it'doesn t hurt to specifically ask them to check. From my experience, once you get through to an (agent which is the hard)part! , they can usually run the calculations while'you re on the phone. It takes maybe 10-15 minutes for them to pull up the records and do the math. The wait to get through is definitely frustrating, but'it s worth it to know for sure rather than wondering if'you re missing out on money'you re entitledto.

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Deemed" filing basically means RRB will automatically consider you as having filed for all benefits'you re potentially eligible for - including benefits based on your'ex-husband s Social Security record. You'don t need to use that exact term when you call, just tell them you want to check if your deceased'ex-husband s Social Security earnings would give you a higher benefit than what'you re currently getting. They should automatically run those calculations for you. From my experience, the actual calculation'doesn t take long once you get through to an agent - maybe 10-15 minutes on the phone. The hard part is getting through in the first place! Some people here mentioned using Claimyr to skip the wait times, which might be worth considering if you keep getting busysignals.

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Deemed" filing basically means RRB will automatically consider you as having applied for benefits under your'ex-husband s Social Security record when you apply for your own Railroad Retirement benefits. You'don t need to use that exact term when you call - just tell them you want them to check if your'ex-husband s Social Security earnings would give you a higher benefit. They should do this automatically, but it'doesn t hurt to specifically ask them to verify'they re checking all possible benefit amounts you might be entitled to. From what'I ve seen, the calculations usually happen pretty quickly once you get through to an agent -'it s really just getting through on the phone that takes forever! @StarStrider gave great advice about asking for thischeck.

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Great question! "Deemed filing" basically means RRB will automatically check if you could get a higher benefit based on another person's Social Security record (like your ex-husband's) and give you whichever amount is higher. You don't usually need to request it specifically - they should check this automatically when you apply or when you report changes. However, it's always good to mention it explicitly when you call, just to make sure they don't miss it. The calculations usually take a few weeks once they have all the information, but the hard part is getting through to someone in the first place! Based on what others have shared here, it might be worth trying that Claimyr service Jamal mentioned to avoid the endless hold times. The potential extra money could really help with those rising costs you mentioned.

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Great question! "Deemed filing" is when RRB automatically considers you to have filed for all benefits you're eligible for, including those based on other people's records. When you call RRB, you should specifically ask them to "check for any additional benefits based on my ex-husband's Social Security earnings record" - they won't always do this automatically. You'll need to provide his full name, Social Security number if you have it, and your marriage/divorce dates. The calculation itself is usually pretty quick (they can often do it while you're on the phone), but getting through to an agent is the real challenge. I'd recommend calling first thing in the morning or trying the callback feature if they have it. Even if the additional benefit is small, it could add up over time and help with those rising costs you mentioned!

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@Danielle Mays Deemed "filing is" when RRB automatically considers you to be filing for all benefits you re'potentially eligible for when you apply for any Railroad Retirement benefit. So if you re'already receiving RR survivor benefits, they should have already checked your ex-husband s'Social Security record when you first applied - but it s'worth asking them to double-check since records can be updated. You don t'need to use special terminology, just ask them to check "if my ex-husband s'Social Security earnings would give me a higher benefit amount. The" calculation itself is pretty quick once you get through to someone - maybe 10-15 minutes while they pull up the records. The hard part is just getting connected to an agent! I d'recommend calling first thing in the morning 8 (AM for) the shortest hold times.

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@Danielle Mays Deemed "filing is" when RRB automatically considers you to have applied for all benefits you might be eligible for, including benefits based on other people s'records like your ex-spouse. You don t'need to use that exact term when calling - just tell them you want them to check if your ex-husband s'Social Security record would give you a higher benefit than what you re'currently getting. From my experience, the calculation itself is pretty quick once you get through to an agent maybe (10-15 minutes on the phone ,)but the real challenge is getting connected in the first place. RRB should automatically check this when you ask about benefits on your ex s'record, but it doesn t'hurt to be specific. Definitely worth the effort if you were married 15+ years - even a small increase can add up over time!

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Deemed" filing basically means RRB will automatically consider you as having applied for benefits on your'ex-husband s Social Security record when you apply for your own Railroad Retirement benefits. You'don t need to file separate applications with both agencies - RRB handles the coordination between the two systems. When you call, just tell them you want them to check if your deceased'ex-husband s Social Security earnings record would result in a higher benefit amount than what'you re currently receiving. They should automatically run this comparison for you. From what'I ve seen with friends who went through this, the calculation itself'doesn t take long once you get through to an agent - maybe 10-15 minutes on the phone. The hard part is just getting connected! But'it s definitely worth checking since even a small increase can add up overtime.

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Deemed" filing basically means RRB will automatically consider your application for benefits on your'ex-husband s Social Security record when you apply for Railroad Retirement benefits. You'don t need to use that exact term when calling - just tell them you want to check if your deceased'ex-husband s Social Security earnings would give you a higher benefit. They should automatically run this comparison for you. The calculation itself is pretty quick once you get through to someone - maybe 10-15 minutes on the phone. The real time sink is just getting connected to an agent. From my experience,'it s definitely worth checking because even a small increase in monthly benefits adds up over time, especially with inflation hitting seniors so hard rightnow.

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Deemed" filing basically means RRB will automatically consider your application for benefits on multiple records to find the highest possible benefit amount. When you apply for Railroad Retirement benefits,'they re supposed to check if'you d get more money by using a different earnings (record like your'ex-husband s Social Security) record instead of or in addition to your current benefits. You should specifically ask them to verify'they ve checked your'ex-husband s record since you were married 15+ years. In my experience, the calculation itself is pretty quick once you get an agent - maybe 10-15 minutes on the phone. The hard part is actually getting through to someone!'I d suggest calling right when they (open 7 AM) Central or trying the Claimyr service someone mentioned earlier if you'don t want to deal with the holdtimes.

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Deemed" filing basically means RRB will automatically consider you as having filed for all benefits'you re eligible for when you apply for any Railroad Retirement benefit. So when you call, you'don t need special terminology - just tell them you want to check if your'ex-husband s Social Security record might give you a higher benefit than what'you re currently getting. They should automatically run those calculations. From my experience, the actual calculation takes just a few minutes once'you re talking to an agent -'it s getting through to someone that takes forever! The agent can usually tell you right away if there would be any increase. Even if'it s just $20-30 more per month, that adds up over time. Definitely worth the call, just maybe try early morning or late afternoon for shorter waittimes.

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