Can I collect full survivor benefits from ex-spouse after WEP repeal while still working at FRA?

You're asking good questions about two different aspects of Social Security benefits. For your first question: Yes, there is an earnings limit that applies to the months BEFORE you reach your Full Retirement Age in 2025. For months before your FRA in 2025, you can earn up to $1,870 per month without reduction in benefits. If you earn more than that in any month before reaching FRA, SSA will withhold $1 in benefits for every $2 you earn above the limit. After you reach your FRA in May, there's no earnings limit whatsoever. For your second question about survivor benefits: As a divorced spouse where the marriage lasted at least 10 years, you ARE potentially eligible for 100% of your ex-husband's benefit amount (not 50%). The 50% figure applies to spousal benefits when the ex-spouse is still living. Since your ex-husband has passed away, you would be eligible for survivor benefits equal to 100% of what he was receiving, assuming you're at your FRA when you apply. I recommend you contact SSA directly to get the exact figures and determine which benefit would be higher in your specific case.

Be VERY careful with the survivor benefits from ex spouse!!! I was in similar situation and the SSA rep gave me WRONG information initially. They told me I couldn't claim survivor benefits from my ex because I was working. TOTAL LIE! The earnings test would apply before FRA, but you absolutely CAN claim survivor benefits as divorced widow. Also make sure they calculate your WEP correctly with the repeal. Many SSA employees aren't properly trained on the new rules and are giving incorrect benefit amounts!!! I had to speak to THREE different agents before finding someone who knew what they were doing. Good luck getting through to them though - I spent WEEKS trying to get someone on the phone. The system is BROKEN!!!

I went through exactly what you're describing about six months ago. Kept getting disconnected when calling SSA about my survivor benefits after my ex passed. I finally used Claimyr (claimyr.com) and got through to an agent in under 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The service connected me directly with an SSA agent who helped confirm I was eligible for 100% of my ex-husband's benefit amount since we were married over 10 years. Made a huge difference in my monthly income compared to just taking my own retirement benefit. Regarding the earnings test - the agent explained that they look at your monthly earnings before FRA in 2025, not the whole year's income. Once you hit your FRA date in May, you can earn unlimited amounts with no reduction.

I can confirm that as a divorced spouse who was married at least 10 years, you qualify for 100% of your ex-husband's benefit amount as a survivor benefit (assuming you're at or past your FRA when claiming). This is different from spousal benefits on a living ex-spouse, which would be 50%. Also, there's an important strategy you should consider: You can actually claim EITHER your own retirement benefit OR the survivor benefit, whichever is higher. But in some cases, it might make sense to claim the lower benefit first and switch to the higher one later. For example, if your own retirement benefit will increase with delayed retirement credits (8% per year from FRA until age 70), you might want to take the survivor benefit first, then switch to your own benefit at 70 if it would be higher by then. Regarding the earnings test before FRA: For 2025, you'll likely face a monthly earnings test of approximately $1,870 for the months before reaching your FRA in May. For every $2 you earn above that monthly limit, $1 will be withheld from benefits. After reaching FRA, no earnings test applies.

i had same problem with my ss benefits this year. the ssa people told me different answers every time i called!!! so frustrating. my daughter works for a school district too and she said always check everything they tell you. half the time the ssa workers dont know there own rules lol

Just wanted to say - when I called about my WEP recalculation after the repeal, I was told my new amount but then my first payment was $200 less! Had to call back three times to get it fixed. Make sure you follow up after your first payment to verify the amount is correct.

Did anyone actually answer the part about pre-FRA earnings? If you earn over the limit before hitting FRA in May, they'll withhold benefits from the checks you get January-April. But once you hit FRA in May, they'll recalculate and pay you back some of what they withheld through something called the "adjustment to reduction factor." It's complicated but basically means you don't permanently lose all those benefits - you get some back later. As for survivor benefits, yes, it's 100% of what your ex was receiving if you claim at your FRA. If you claim survivor benefits early (before your FRA), they're reduced permanently. And yes, you can absolutely switch between benefits. Many divorced survivors take their own reduced retirement early, then switch to full survivor benefits at FRA, OR take full survivor benefits at FRA and switch to their own (potentially increased by delayed credits) at 70. It depends on the specific benefit amounts in your situation.

DONT trust what the first SSA person tells you!!! Get a second opinion!!! My benefits were calculated wrong THREE TIMES before they got it right after the WEP repeal. Some agents don't understand the new rules!!!

Just to clarify the survivor benefit rules for divorced spouses: 1. You must have been married for at least 10 years (you qualify with 13 years) 2. You must be at least 60 years old (or 50 if disabled) 3. You must not have remarried before age 60 (if you remarried after 60, you can still claim on your ex's record) 4. As a survivor, you're eligible for 100% of your ex-husband's benefit amount if you claim at your FRA The 50% figure applies only to spousal benefits when your ex-spouse is still living, not to survivor benefits. When you contact SSA, make sure to ask about both your own retirement benefit (with the WEP repeal adjustment) AND the potential survivor benefit based on your ex-husband's record. Take the higher of the two. Remember that survivor benefits don't grow after your FRA, but your own retirement benefit can grow until age 70 with delayed retirement credits.

As someone who works in benefits administration, I want to emphasize a few key points that might help you navigate this process more smoothly: For the earnings test before FRA, consider timing your application strategically. Since you reach FRA in May 2025, you might want to delay filing until then to completely avoid the earnings test complications. This way you won't have to deal with benefit withholding and subsequent recalculations. Regarding survivor benefits - definitely pursue this! Many people don't realize that divorced spouses have the same survivor benefit rights as widows/widowers. Since your marriage lasted 13 years, you clearly meet the 10-year requirement. Here's a practical tip: Before calling SSA, gather all your documentation including your divorce decree, your ex-husband's death certificate, and his Social Security number if you have it. This will help the representative access his earnings record more quickly. Also, consider visiting your local SSA office in person if phone wait times are excessive. Sometimes face-to-face meetings can be more productive for complex cases like yours, especially when dealing with both WEP recalculations and survivor benefits simultaneously. Document everything - names of representatives you speak with, dates, and what they tell you. Given the recent WEP changes, there's definitely some inconsistency in how different agents are handling these calculations.