Can my retired teacher friend claim SS survivor benefits 20 years after husband's death despite GPO?
My neighbor is 89 years old and has been surviving on just her teacher's pension since her husband died in 2005. Back then, when she went to the Social Security office, they told her she couldn't get any survivor benefits because of something called the Government Pension Offset (GPO). She never worked enough under Social Security to qualify for her own benefit. Last week I was reading about recent changes to GPO rules and wondering if she might qualify for benefits now? From what I understand, there might be some changes happening with the GPO calculations. She's really struggling financially and an extra benefit would make a huge difference at this point in her life. Would Social Security automatically notify her if she's eligible now, or does she need to reapply? It's been nearly 20 years since her husband passed - is there any chance of backpay if she's eligible now but wasn't then? She's not very mobile these days so I'm trying to gather information before suggesting she make the trip to SSA.
18 comments
Jibriel Kohn
This is a really important question. The GPO rules haven't fundamentally changed yet, but there is proposed legislation (the Social Security Fairness Act) that would eliminate the GPO completely. It hasn't passed yet though. The GPO typically reduces survivor benefits by 2/3 of the government pension amount. If your neighbor's teacher pension is substantial, it could still eliminate any potential survivor benefit. However, it's always worth checking because: 1. Her husband's earnings record might be higher than originally calculated 2. There may have been errors in the original calculation 3. Cost-of-living adjustments over 20 years might have changed the math SSA will absolutely NOT automatically notify her. She needs to contact them and request a review of potential survivor benefits. And yes, there is a possibility of some backpay, but likely not for the entire 20 years.
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Joshua Hellan
•Thank you for that clear explanation. Do you know if there's a limit to how far back they'll pay if it turns out she was eligible? She's been living pretty close to the poverty line all these years, so even a few months of backpay would help her catch up on some bills.
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Edison Estevez
My mom went thru the SAME THING!! She taught for 32 years in Florida and when my dad died SSA told her NO BENEFITS cuz of GPO. We found out later they were WRONG and she was entitled to a small amount. SSA doesn't always get it right the first time!!
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Joshua Hellan
•That's encouraging to hear! Do you remember how your mom found out they were wrong? Did she just go back and ask them to recalculate?
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Edison Estevez
•She talked to another retired teacher who told her to go back and INSIST they run the numbers again. Turns out my dad's benefit was high enough that even after the 2/3 reduction she still got about $340/month. Not huge but made a difference! Tell your friend to try again for sure.
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Emily Nguyen-Smith
The GPO is THEFT of earned benefits! My sister lost $1100 a month when her husband died because she taught for 30 years. The fact that your friend has gone 20 YEARS without benefits she might have been entitled to is exactly why this unfair offset needs to be repealed completely. Everyone affected should be calling their representatives about the Social Security Fairness Act DAILY until they pass it. Teachers and public servants deserve better than this!
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James Johnson
•I understand the frustration, but let's focus on helping the person's friend now. To the original poster: SSA can pay retroactive benefits up to 6 months from the date of application for survivor benefits. Unfortunately, they won't go back 20 years even if there was an error, so it's important she applies ASAP if she might be eligible.
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Sophia Rodriguez
has she checked recently about her own SS record? sometimes people have more credits than they think. my aunt thought she only had like 35 credits but when she checked she actually had 39 and only needed 40 for benefits. she worked at a store for a while before teaching.
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Joshua Hellan
•That's a good point. She did mention working at a department store when she was younger, before she became a teacher. I'll suggest she check her total credits too. Every bit would help at this point.
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Mia Green
I was in a similar situation with my WEP/GPO calculation last year, and I spent WEEKS trying to get through to SSA on the phone to resolve it. It was absolutely maddening - constant busy signals, disconnections after waiting on hold for 2+ hours, and offices with limited appointment availability. I finally used a service called Claimyr (claimyr.com) that helped me get through to an actual SSA agent within about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. After that call, I discovered I was eligible for an additional $267/month that I hadn't been receiving for almost a year. Given your friend's age and mobility issues, having someone help her make this call might be the fastest way to get answers about her potential eligibility.
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Sophia Rodriguez
•does that service cost money? my mom tried calling ssa for like 3 days straight and kept getting the busy signal
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Mia Green
•Yes, there is a fee, but it was worth it for me when I'd already wasted so many hours trying to get through. Especially for an elderly person, spending hours repeatedly calling can be really difficult. The service basically holds your place in line so you don't have to stay on the phone yourself until an agent is available.
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James Johnson
Here's what your friend needs to do: 1. Call SSA at 1-800-772-1213 to schedule an appointment (be prepared for long wait times) 2. Bring her husband's death certificate, their marriage certificate, and proof of her pension 3. Ask specifically for a recalculation of potential survivor benefits with current GPO rules applied 4. Request a written explanation if denied again The GPO formula is: Survivor benefit amount minus (2/3 of government pension). If her husband's SS benefit was significantly higher than 150% of her teacher's pension, she might get something. Also, since she's 89, she might qualify for help through the Medicare Savings Program or Extra Help for prescription drugs if her income is limited. The SSA rep should check those programs too.
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Joshua Hellan
•Thank you for the detailed steps. I'll help her gather those documents and see about setting up an appointment. Good thinking on the Medicare Savings Program too - I'm not sure if she's enrolled in that either.
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Emma Bianchi
Sorry but I think your understanding of GPO changes is incorrect. Nothing has officially changed yet. The Social Security Fairness Act was introduced to Congress but hasn't passed. It's been introduced multiple times over the years without success. That said, it's ALWAYS worth checking benefit eligibility again because: 1) The calculation might have been done incorrectly in 2005 2) Her husband's benefit amount with COLAs might now exceed the GPO reduction Also, at 89, she should see if she qualifies for SSI which isn't affected by GPO.
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Joshua Hellan
•Thanks for clarifying about the legislation. I must have misunderstood what I read. I'll still help her check about both the survivor benefits and SSI. At her age, every bit of financial support makes a difference.
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Emily Nguyen-Smith
I've been fighting this battle for my retired teacher sister for years. Even with the current awful GPO rules, make sure they calculate everything correctly. Get your friend to request a Benefit Verification Letter that shows exactly how they calculated everything. Sometimes they don't apply the correct COLA increases to the deceased spouse's benefit before applying the offset. Also, make sure they're using her GROSS pension amount, not her net take-home after health insurance and tax deductions. I've seen them make this mistake too!
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Jibriel Kohn
•This is excellent advice. The details really matter in GPO calculations, and errors do happen. Requesting the Benefit Verification Letter with the calculation breakdown is essential for verifying everything was done correctly.
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