Is my mom eligible for higher Social Security survivor benefits after WEP reform?

Yes, federal employees who didn't pay into Social Security during their government service were subject to WEP if they also had enough Social Security-covered work to qualify for benefits. It sounds like your father may have been under the Civil Service Retirement System (CSRS) rather than FERS. The recent WEP reform (Social Security Fairness Act) would potentially benefit your mother IF it passes completely and becomes law. It hasn't been fully implemented yet - there's still ongoing debate. If your father's benefit was reduced due to WEP, and if the reform eliminates those reductions, your mother could potentially qualify for a higher survivor benefit. I'd recommend contacting SSA directly to have them review your specific case, as the rules around WEP, GPO, and survivor benefits can be incredibly complex.

my mom had simular situation. her husbands SS was less then hers to, but it wasnt from gov work it was cuz he took early retirement. remember if u take SS at 62 instead of waiting till FRA its ALOT less money. maybe thats why your dad's was lower?? not the WEP thing.

I worked for Social Security for 32 years before retiring, and I can tell you WEP is incredibly complicated. The recent legislation hasn't been fully enacted yet - it's still making its way through Congress with various versions being debated. What you need to determine is whether your father was under CSRS (Civil Service Retirement System) or FERS (Federal Employee Retirement System). CSRS employees didn't pay into Social Security during federal service and were subject to WEP. FERS employees did pay into Social Security and weren't affected by WEP. If your father was under CSRS and was affected by WEP, there's another factor to consider - if he had 30+ "substantial years" of earnings under Social Security, the WEP penalty would have been reduced or eliminated already. A "substantial year" means earning over a certain threshold in Social Security-covered employment.

The system is DELIBERATELY confusing!!! SS doesn't WANT us to get what we deserve!!! My husband worked 40 YEARS and his benefits were SLASHED because of 5 years teaching!!! THIEVES!!!

I help my elderly neighbor with similar situation last year. For survivor benefit, if your mom is at full retirement age, she should get 100% of your dad's benefit amount IF it's higher than her own. But WEP only reduced your dad's own benefit, not what your mom would get as a survivor. But there is something called Government Pension Offset (GPO) that might be affecting your mom. If she gets a government pension herself (not just your dad's pension), her survivor benefits would be reduced by 2/3 of her government pension amount. Did your mom also work for government or just your dad? This makes big difference.

I had TERRIBLE time trying to reach SS about my husband's WEP situation last month. After getting disconnected THREE times and spending hours on hold, I tried a service called Claimyr (claimyr.com). They got me connected to a real person at SSA in about 20 minutes instead of hours on hold. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent was able to explain exactly how my husband's WEP reduction was calculated and what documentation we needed to challenge it. Completely worth it rather than wasting entire days on hold!

I recently went through this for my aunt. Here's what I learned: 1. SSA keeps ALL earning records going back to the 1950s, so they can determine substantial earnings years. 2. The WEP reduction is capped at $534 per month in 2025 (it was lower in previous years), so that's the maximum additional amount your mom might receive if the reform passes and is applied retroactively. 3. SSA automatically recalculates benefits when laws change, but it's ALWAYS better to contact them directly. There's often a delay in implementing changes. 4. If your father had 30+ years of substantial earnings in Social Security-covered employment, the WEP reduction would have already been eliminated under existing rules. The pending legislation would completely eliminate WEP for all affected beneficiaries, but it's still working its way through Congress.

Thank you all for such helpful responses! I've learned so much. I think my next steps are: 1. Use that Claimyr service to reach SSA without spending all day on hold 2. Ask specifically about Dad's earnings record to see if he had 30+ substantial years 3. Find out exactly how WEP affected his benefit and what Mom's survivor benefit would be without the WEP reduction 4. Keep an eye on the legislation progress It's so complicated, but your explanations have really helped clear things up. I appreciate this community so much!

One more important thing to check - if your mother has been collecting her own benefit all these years because it was higher, you should verify whether the SSA properly calculated the survivor benefit when your father passed away. Sometimes they miss applying exceptions or special rules. If your father had enough "substantial earnings" years or if his WEP reduction wasn't properly calculated, your mother might have been eligible for a higher survivor benefit all along. SSA can pay back benefits for up to 6 months if they discover an underpayment. Also, survivor benefits ignore any reduction your father might have taken for claiming early retirement. So even if he took benefits at 62½, your mother's survivor benefit would be based on his full retirement age amount (minus any applicable WEP reduction).