Can my husband collect spousal benefits from my SSDI while receiving a reduced pension? WEP confusion
I've been on SSDI since 2021 and have a question about my husband's potential spousal benefits. My situation is complicated. My husband was required by MetLife (his LTD provider) to apply for spousal benefits on my record because my earnings were higher than his. He was approved initially, but ended up not receiving any additional money because he collects a law enforcement pension (I'm assuming this is due to the Government Pension Offset). His own Social Security retirement benefit was reduced from about $1000 to $300 monthly. I'm wondering if that spousal benefit application he submitted is still in the SSA system and if it would automatically activate in the future? My full retirement age is 67 (born in 1961). Can my husband actually receive any spousal benefits from my SSDI record despite his pension? The WEP/GPO rules are so confusing and I can't find clear information about this specific situation. Has anyone dealt with this combination of SSDI, law enforcement pensions, and spousal benefits? Any experience or advice would be greatly appreciated!
18 comments


Freya Larsen
Sounds like your husband got hit by the GPO (Government Pension Offset) and WEP (Windfall Elimination Provision). These are BRUTAL for public service workers! My dad was a firefighter and lost most of his SS benefits too. Not fair at all considering he paid into both systems.
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Ravi Sharma
•It does seem unfair! He worked in both public and private sectors over his career and paid into both systems. I just don't understand if that application he already submitted will stay active or if we'd need to reapply later.
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Omar Hassan
To answer your question - yes, the application your husband submitted should still be in the SSA system. However, as long as he receives his government pension, the GPO will continue to affect any spousal benefits he might be eligible for from your record. The GPO typically reduces spousal benefits by 2/3 of the government pension amount. If 2/3 of his pension exceeds the spousal benefit amount, he would receive nothing from your record, which appears to be what happened in your case. This situation wouldn't change when your SSDI converts to retirement benefits at your FRA. The GPO would still apply. The only thing that might change things is if he were to stop receiving his government pension (which is unlikely and probably not financially advantageous).
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Ravi Sharma
•Thank you for that clear explanation! So essentially, even though he was technically approved for spousal benefits on my record, the GPO reduction means he won't actually receive any money from it unless his pension situation changes. I appreciate you confirming that the application remains in the system too.
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Chloe Taylor
my wife had simlar situation she worked for county government for 22 years. they took almost all her ss away because of that stupid rule!!! we paid in all those years and now get nothing back its highway robbery if you ask me
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ShadowHunter
•OMG I know! My uncle lost $700 a month because of WEP after 30 years as a teacher AND 15 years in private sector. The system is so broken!!!
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Diego Ramirez
There's a distinction here that's important to understand. Your husband is likely affected by both GPO and WEP: 1. WEP (Windfall Elimination Provision) reduced his OWN Social Security benefit from $1000 to $300 because he receives a pension from work not covered by Social Security. 2. GPO (Government Pension Offset) is what's affecting his ability to collect spousal benefits on your record. To directly address your question: Yes, the application remains in the system. However, he will continue to be affected by GPO when you reach FRA. The calculation won't change - his spousal benefit will still be reduced by 2/3 of his government pension. Also note that if something were to happen to you, survivor benefits would be calculated differently than spousal benefits, and he might qualify for some survivor benefits even with the GPO reduction.
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Anastasia Sokolov
•Is there any legislation being considered to change these rules? I've heard there were some bills to modify or eliminate WEP/GPO but I'm not sure if anything's actually happening. These provisions seem to unfairly penalize public service workers.
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Sean O'Connor
Having dealt with this exact scenario with my clients, I can tell you that calling SSA directly is your best bet for getting clarity on your specific situation. Unfortunately, the hold times are ridiculous these days! I've had success using a service called Claimyr (claimyr.com) that gets you through to an SSA agent quickly. They have a demo video at https://youtu.be/Z-BRbJw3puU showing how it works. Helped me avoid hours of waiting when I needed to sort out a complicated WEP/GPO situation similar to yours. In your case, you specifically want to ask about the status of your husband's spousal application and how it will be treated when you reach FRA. Get the answer documented if possible.
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Ravi Sharma
•Thanks for the suggestion! You're right that getting official confirmation would be best. I've tried calling a few times but gave up after being on hold forever. I'll check out that service - anything to avoid the endless wait times would be helpful at this point.
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Chloe Taylor
has your husband looked into the WEP guarantee? if he has 30+ years of substantial earnings under social security the WEP doesnt apply at all. and if he has 20-29 years it gets reduced. might help a little bit
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Ravi Sharma
•That's a good point! He has about 22-23 years of substantial earnings under Social Security, so maybe that's already factored into his reduced amount. I'll have him look into the partial exemption - thanks for bringing this up!
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Anastasia Sokolov
I'm so confused by all these acronyms. Is SSDI different from regular Social Security? And what's the difference between WEP and GPO? They sound like the same thing to me. Does WEP apply to spouses too or just the person with the pension? Sorry for all the questions but I'm trying to understand because my wife works for a school district that doesn't pay into SS.
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Diego Ramirez
•Good questions! Let me break it down: - SSDI = Social Security Disability Insurance (for those who become disabled before retirement age) - WEP = Windfall Elimination Provision (reduces your OWN Social Security benefits if you get a pension from work not covered by SS) - GPO = Government Pension Offset (reduces SPOUSAL or SURVIVOR benefits if you get a government pension) So if your wife works for a school district that doesn't pay into SS, she could face WEP if she has enough SS credits from other jobs, and GPO would reduce any spousal benefits she might get on your record.
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ShadowHunter
My father-in-law went through something like this. What they don't tell you is that once you're at full retirement age, you should check again with SS. Sometimes the calculations change and you might be eligible for more. The whole system is designed to be confusing so people don't get everything they're entitled to!
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Omar Hassan
•This is partially correct but needs clarification. The WEP and GPO calculations typically don't change at full retirement age. However, life changes like the cessation of a pension or the death of a spouse can affect the calculations. It's always good to check with SSA when circumstances change, but reaching FRA alone doesn't usually modify WEP/GPO impacts.
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Anastasia Sokolov
I'm dealing with a similar mess right now. My husband has a federal pension and I'm on SSDI. The whole system seems designed to punish people who worked in public service. Have you talked to a financial advisor who specializes in federal benefits? We found one who really helped us understand our options better than any SSA rep could.
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Ravi Sharma
•That's a great suggestion. We haven't consulted with a financial advisor who specializes in this area. Do you have any suggestions on how to find one? I agree that the system seems unnecessarily complicated, especially for those who've worked in both public and private sectors.
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