Can I now claim my late husband's Social Security after Senate's GPO/WEP reform? CSRS retiree confused about survivor benefits

I hate to be the bearer of bad news, but the Senate bill you're referring to (Social Security Fairness Act) hasn't actually been signed into law yet. It passed the Senate but still needs to go through the House and be signed by the President. And even if/when it does pass, there will likely be a phase-in period.In your specific situation, as a CSRS retiree, the GPO currently reduces your survivor benefits by 2/3 of your government pension. If your CSRS pension is substantial, this often eliminates survivor benefits completely. The WEP affects your own earned benefits, which explains your reduced $375 payment.I recommend continuing to monitor the legislation. If it does pass, contact SSA immediately as you may be eligible for increased benefits. At 69, you're already past Full Retirement Age, so you would qualify for 100% of your husband's benefit amount (minus any GPO reduction under current law).

Thank you for explaining! I was getting my hopes up after hearing about the Senate vote. So frustrating that they keep promising to fix this but nothing happens. Do you know if there's any chance the House will actually vote on it soon? And if it does eventually pass, would I be able to get any back payments from when my husband passed away?

My mom went through EXACT same thing!!! She was CSRS and dad was FERS + military. SSA gave her the runaround for MONTHS before finally telling her she'd get almost nothing because of that stupid GPO thing. The whole system is RIGGED against government workers who actually EARNED their pensions!!!! 😡😡😡

Its not just govt workers tho, happens to teachers in some states to. My sister taught for 30 years in Ohio and gets basically nothing from her husbands SS even tho he paid in his whole life. The whole system needs fixed not just for some people.

I've been tracking the GPO/WEP legislation closely for years. The current bill (S.1872) passed the Senate in June, but still faces challenges in the House. Even if it does pass, implementation will likely be gradual.In your case, here's what you should do now:1. Request a detailed explanation of your current benefit calculation in writing from SSA2. Ask specifically how much your survivor benefit would be WITHOUT the GPO reduction3. Keep documentation of your husband's earnings history and benefit amount4. Consider filing a protective claim for survivor benefits now (this could protect your filing date if the law changes)At 69, you're right that you're eligible for 100% of your late husband's benefit amount - but only if the GPO is repealed or modified. Currently, it's still in effect.

Thank you for such detailed advice! What exactly is a \

If you've been trying to reach SSA with no luck, I had the same problem trying to straighten out my WEP reduction. After weeks of failed attempts, I used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puUIt was worth it just to avoid spending hours on hold or getting disconnected. The agent I spoke with explained my WEP calculation and what documentation I needed to submit to contest it.

Oh wow, I never heard of this service! I've been so frustrated with trying to reach someone. Did they actually help you resolve your issue or just connect you? I'm going to check out that video right now.

I work for a retirement planning firm that specializes in federal employees, and I see this situation frequently. A couple clarifications that might help:1. The GPO reduces survivor benefits by 2/3 of your CSRS pension amount2. The WEP affects your own benefits based on non-covered employment3. At 69, you're correct that you'd be eligible for 100% of your husband's PIAThe current Senate bill would phase out both GPO and WEP over time if passed, not eliminate them immediately. For planning purposes, I'd recommend getting an exact calculation of what your survivor benefit would be both with and without GPO. Then you can estimate what you might receive under various phase-out scenarios.

But isn't it TOTALLY UNFAIR that they take away benefits people earned??? My parents both worked 30+ years and paid into the system. Why should gov workers be PUNISHED for their service???

The rationale behind GPO/WEP is that CSRS employees didn't pay into Social Security for their government work. The adjustments were intended to prevent

I just want to clarify something important - even if the GPO reform passes, you should still be receiving SOMETHING from your husband's record right now unless your CSRS pension is extremely high. The GPO reduction is 2/3 of your pension amount, not a complete elimination.For example, if your monthly CSRS pension is $3,000, the GPO reduction would be $2,000. If your husband's Social Security benefit was $2,500, you would still be eligible for $500 in survivor benefits ($2,500 - $2,000).I'd strongly recommend requesting a formal calculation from SSA to make sure you're receiving everything you're currently entitled to. Many SSA claims representatives don't fully understand the complexities of GPO/WEP, especially with military service in the mix.

That's a really good point! My CSRS pension is about $3,750/month, and I believe my husband's benefit was around $2,100. So using your calculation, 2/3 of my pension would be $2,500, which is more than his benefit, which is probably why they said I wasn't eligible for anything. But I'm going to double-check this calculation with SSA because maybe I misunderstood something when they explained it.

im sorry your going through this its so confusing!! my mother in law had same thing happen. she couldnt get her husbands ss because of her teachers pension. she went to congressman office for help they have staff who specialize in ss problems. maybe try your congressman?

Contacting your congressional representative is excellent advice. Their constituent services staff often have direct lines to SSA offices and can help navigate complex cases. They can also flag your situation for review by more experienced SSA staff rather than front-line representatives who might not be as familiar with CSRS/FERS/military service combinations.

Thank you both! I hadn't thought about going to my congressman. I'll try that approach while waiting to see what happens with the legislation. Maybe they can at least help me get accurate information about what I might be eligible for if the law changes.

Just to share my experience with the GPO situation - my father was CSRS and when my mother passed, he got absolutely nothing from her Social Security despite her 35+ years of work. It caused serious financial hardship. We didn't understand the rules until it was too late.The Senate passed the bill 87-11 so there's strong bipartisan support, but I've learned not to get my hopes up after following this for over a decade. If you're not already, consider joining NARFE (National Active and Retired Federal Employees Association) as they provide regular updates on the legislation status.

EXACTLY!! My parents lost over $150,000 in benefits they DESERVED because of this unfair penalty!! And nobody warns you about this until it's too late! The whole system is designed to confuse people and STEAL their benefits!!!

To answer your question about back payments - if the GPO is repealed or modified, there will likely be a specific effective date set in the legislation. Typically these changes are not retroactive to when you first could have been eligible, but rather start from the date the law takes effect.However, filing a protective claim now (as suggested earlier) might help establish an earlier effective date if the legislation permits it. A protective claim is basically a written statement to SSA indicating your intent to file for benefits, which can establish your filing date while you gather information or wait for a law change.Don't count on retroactive benefits though - most Social Security reforms are forward-looking only.

That makes sense, though it's disappointing. I've probably lost out on thousands already. I just hope they actually pass something soon - I've been hearing about GPO/WEP reform for years but nothing ever seems to happen. Thank you for all this helpful information!