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Can my husband get spousal benefits with WEP-reduced Social Security and I'm taking early retirement?

I need some guidance on spousal benefits with WEP involved. My situation is complicated! My husband is 71 (his FRA was 66) and started his Social Security at 62. His benefit got hit hard by the Windfall Elimination Provision because he receives a pension from working overseas. His FRA benefit would've been about $1,240 before the WEP reduction knocked it down. I'm approaching retirement at 62.5 (my FRA is 67), and planning to stop working in about 6 months. My Social Security benefit at FRA would be around $4,025, substantially higher than his. I'm thinking about starting my benefits somewhere between 64-65, definitely before my FRA. We never looked into spousal benefits before because we assumed the WEP made it pointless, but now I'm wondering - with the significant difference in our benefit amounts, would my husband qualify for spousal benefits even with his WEP reduction? And would his age (already past his FRA) affect how much he could get? The online calculators confuse me when WEP is involved.

Yes, your husband likely qualifies for a spousal benefit! When there's a big difference between benefit amounts like in your case, it can make sense even with WEP. Since your husband is past his FRA (66), he can receive up to 50% of your PIA (Primary Insurance Amount) minus his own PIA before WEP reduction. The calculation isn't based on what you'll actually receive when filing early, but on what you'd get at your FRA. For example, if your PIA is $4,025, his potential spousal benefit would be $2,012.50. Then subtract his own PIA of $1,240 (before WEP), which would leave him with a spousal benefit of about $772.50 on top of his own reduced benefit. But here's the important part - he needs to wait until you file for your own benefits before he can get the spousal portion. And since you're filing early, your benefit will be permanently reduced, but his spousal benefit is still calculated on your full PIA.

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Thank you - that's really helpful! So to make sure I understand: even though my husband already gets his own benefit (reduced by both early filing AND WEP), he could still get additional money as a spouse once I file? And that extra amount wouldn't be affected by WEP?

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Let me add something important here. I dealt with almost this exact situation with my parents. The WEP reduction that affects your husband's own benefit does NOT apply to the spousal benefit portion he would receive. The formula works like this: 1. Calculate 50% of your PIA ($4,025 ÷ 2 = $2,012.50) 2. Subtract his PIA before WEP reduction ($1,240) 3. The difference ($772.50) is his spousal benefit He'll receive this in addition to his own WEP-reduced benefit. Since he's already past his FRA, he'll get the full spousal benefit amount - no reduction for his age. One crucial thing: to maximize your lifetime benefits as a couple, you might want to run calculations on whether delaying your filing until closer to your FRA would provide better overall returns, since your benefit is so much larger and would be the survivor benefit eventually.

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wait so the husband gets BOTH benefits at the same time? his own plus the spousal one? i thought you had to pick one or the other with social security

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No, he doesn't get both full benefits - it's more like a "top-up." He gets his own benefit, then an additional amount to bring his total up to the spousal benefit level if that's higher. In this case, his own benefit is reduced by both early filing (he took it at 62) and WEP. Then Social Security adds enough on top to reach the spousal benefit level he's entitled to (which is 50% of his wife's PIA minus his own PIA before WEP). The key is that he's already receiving his own benefit, so the spousal benefit is just the difference between that and what he would be entitled to as a spouse.

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oh that makes more sense thx for explaining it better

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I went thru this EXACT situation last year with my husband!!! We both had SSA reps tell us COMPLETELY different things about how WEP affects spousal benefits. One said there's no spousal benefit available when WEP is involved, another said there is!!! So frustrating!!!!! We finally got it sorted by talking to a supervisor, but it took MONTHS of phone calls and getting disconnected and waiting on hold. The system is BROKEN when even their own employees don't understand these complicated rules!!! BTW, my husband DID end up getting spousal benefits even with his WEP reduction. But they calculated it wrong at first and we had to fight to get it corrected.

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That sounds so frustrating! Did you eventually get retroactive payments for the months they calculated it wrong? I'm worried about going through the same struggle.

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Yes we did get backpay but only after MULTIPLE calls and getting disconnected over and over!! It was a nightmare trying to get through to someone who actually understood the WEP rules. Each time we called we got different info which made it even worse!!!

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I faced similar issues reaching the SSA when sorting out my husband's benefits last year. After being disconnected multiple times and waiting on hold for hours, I discovered a service called Claimyr (claimyr.com) that helped me get through to an actual SSA representative without the endless waiting. You still talk directly with Social Security, but their system keeps your place in line and calls you when a representative is available. Saved me so much frustration! You can see how it works in this video: https://youtu.be/Z-BRbJw3puU For complicated situations like WEP and spousal benefits, speaking directly with an SSA rep who can look at your specific records is really the only way to get accurate information.

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Thank you for suggesting this! I've been dreading making those calls because of how difficult it is to reach someone. I'll definitely look into it before I start the application process.

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LilMama23

ppl here giving all this advice but the truth is SSA makes mistakes ALL THE TIME with WEP cases. My bro in law had to hire a lawyer to get his benefits right after 2 years of wrong payments. the govt workers dont even understand their own rules

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You should really consider if filing at 64-65 makes financial sense for you. With such a high benefit amount ($4,025), you're giving up a lot by filing before FRA. Each month you delay adds approx 0.55% to your benefit. Could be tens of thousands over your lifetime, especially if you live past 80. Plus, if your husband passes away before you, your survivor benefit would be based on his record (including any increases from delayed retirement credits if he had waited). Just something to consider in your planning.

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That's a good point about the lifetime total. I need to work through the numbers more carefully. We've been assuming I should file early because we need the income soon, but maybe there are other options we should explore first.

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I'd like to clarify something important about the WEP and spousal benefits calculation that hasn't been mentioned yet. When SSA calculates a spousal benefit for someone affected by WEP, they use what's called the "WEP PIA" (the reduced amount) when determining the person's own benefit, but they use the non-WEP PIA when determining how much to subtract from the spousal benefit. So in your case, if your husband's PIA before WEP was $1,240, and after WEP it's (let's say) $840, they would: 1. Calculate 50% of your PIA ($4,025 × 50% = $2,012.50) 2. Subtract his PIA before WEP ($1,240) 3. Resulting in a spousal benefit of $772.50 He would receive his WEP-reduced benefit of $840 (further reduced for early claiming) plus the $772.50 spousal benefit. This is a complex area even for SSA employees, so when you apply, specifically ask them to check the WEP-spousal benefit calculations carefully.

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One more thing - DOCUMENT EVERYTHING!! Write down every conversation with SSA, get names of reps, take screenshots of your MySocialSecurity account info!!!! Trust me on this!!!!!

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Thank you all for the helpful advice! I'm going to put together all these calculations before I make my filing decision. It sounds like my husband should definitely apply for the spousal benefit once I file, regardless of when I decide to start taking benefits. I'll make sure to document everything and specifically mention the WEP-spousal benefit calculation when we apply. And I'll definitely look into that Claimyr service - sounds like it could save a lot of frustration with the phone calls. I really appreciate everyone taking the time to explain this complicated situation!

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