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Can I get 12 months retroactive WEP and 6 months retroactive spousal benefits at the same time?

I just turned 67 last month and I'm trying to file for my Social Security benefits. I worked for the state government for 20 years (with a pension) and also have enough credits for SS retirement. I've been told I'll be affected by the Windfall Elimination Provision (WEP). My wife has been collecting her SS retirement for 3 years now. My question is: can I file for my own retirement with 12 months of retroactive benefits (because I'm past my FRA) AND simultaneously file for spousal benefits with 6 months retroactive? I've heard different things from friends about this. Does anyone know if I can get both retroactive payments at once? The difference would be almost $15,000 for me, so I want to make sure I do this right!

Dananyl Lear

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Yes, you can potentially receive both retroactive benefits, but there are important details to understand. Since you're beyond your Full Retirement Age (FRA), you're eligible for up to 12 months of retroactive benefits on your own record. For spousal benefits, the same 12-month retroactive rule generally applies if you're beyond FRA. However, your spousal benefit amount will be affected by both the WEP reduction to your own benefit and the Government Pension Offset (GPO) if applicable. When you apply, make sure you specifically request both retroactive payments - they don't automatically give you the maximum retroactive benefits unless you ask.

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Lim Wong

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Thank you for the explanation! So to clarify - I should ask for both retroactive payments specifically when I apply? And will the WEP reduction be applied to all my retroactive payments too? I'm still confused about why I heard 6 months for spousal when I can get 12 months for my own...

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Noah huntAce420

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my wife got 12 months back pay for both her retirement and spousal but that was back in 2023 so maybe the rules changed? the ss office is always changing stuff without telling anyone lol

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Ana Rusula

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The rules for retroactive benefits haven't changed. It's still 12 months max after FRA. The 6 month thing might be about something else or bad information.

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Fidel Carson

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Be VERY careful with the WEP calculation! When I filed last year, they didn't apply it correctly at first and I ended up with an overpayment notice six months later demanding $7,200 back!!! The SSA doesn't always get this right the first time, especially if you have a state pension. MAKE SURE they have all your pension information when you file, and get the name of every person you talk to. I had to fight for months to get it fixed. And yes, you can get retroactive payments for both, but they'll calculate them together, not separately.

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Lim Wong

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Oh wow, that's concerning! I definitely don't want to end up with an overpayment. I have all my pension documents ready. Did you have to provide anything specific that helped them calculate it correctly?

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Isaiah Sanders

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I think the 6 month vs 12 month thing depends on whether your wife's benefit is higher than yours after the WEP reduction. If you're filing for spousal benefits first, it might be different than if you're filing for your own retirement first. At least that's what the agent told me, but honestly they gave me conflicting info every time I called.

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Fidel Carson

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That's not accurate. The retroactive period has nothing to do with benefit amounts - it's based on when you file relative to your FRA. The confusion might be about deemed filing, which is different than retroactive benefits.

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Xan Dae

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If you're frustrated trying to reach someone at Social Security who actually understands WEP and retroactive benefits (which is complicated!), I'd recommend trying Claimyr. I was trying for weeks to get through to SSA about my WEP situation and kept getting disconnected. Used their service at claimyr.com and got through to a real person in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Worth it for complex situations like yours where you need to speak to someone who can actually look at your specific records and pension information.

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Lim Wong

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Thanks for the suggestion! I've been trying to get through for days and keep getting disconnected. I'll check out that service - at this point I just need to talk to someone who can look at my specific situation.

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Fiona Gallagher

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When I filed with WEP last year i got all 12 months retroactive no problem but i didn't have any spousal benefits just my own. Good luck dealing with SS! bring lots of patience lol

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Dananyl Lear

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To address your follow-up question - yes, the WEP reduction will apply to all retroactive payments. And you absolutely need to specifically request retroactive benefits when you apply - they don't automatically give you retroactive benefits even if you're eligible. Regarding the 6 vs. 12 months confusion: The law allows up to 12 months retroactive for retirement and spousal benefits when you're past FRA. However, spousal benefits cannot begin before your spouse started receiving their benefits. So if your wife only started her benefits 6 months ago (which doesn't appear to be your case), that would limit your spousal retroactive period. Given that your wife has been collecting for 3 years, you should be eligible for the full 12 months retroactive on both benefits.

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Lim Wong

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That makes so much more sense now! Thank you for clearing up my confusion. I'll make sure to specifically request the full 12 months retroactive for both benefits when I apply.

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Noah huntAce420

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watch out for taxes too!! my friend got a big retroactive payment and it pushed him into a higher tax bracket that year and he wasnt ready for the big tax bill!!

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Dananyl Lear

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This is an excellent point. A large lump sum retroactive payment could significantly impact your tax situation. You may want to consult with a tax professional about potentially using the special lump-sum election on your tax return, which might help reduce the tax impact.

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