Mother's survivor benefits being reduced by GPO - but she paid into Social Security as a NY teacher

The rep you spoke with is giving you incorrect information. The Government Pension Offset (GPO) only applies to government pensions from jobs that were NOT covered by Social Security. If your mom paid Social Security taxes on her NY teaching job, then the GPO should NOT apply to her survivor benefits. You need to gather proof that she paid into Social Security from her teaching job. This could be W-2 forms showing Social Security tax withholding or a statement from her pension system confirming it was a Social Security-covered position. Regarding WEP (Windfall Elimination Provision), the same rule applies - it only affects people who receive pensions from jobs not covered by Social Security. If she's been wrongly subject to WEP for 17 years, she could potentially be owed significant backpay, but you'll need to prove the error. Unfortunately, 4 months is not unusual for processing these types of corrections. I would suggest scheduling an in-person appointment with a technical expert at your local office rather than dealing with the national call center.

my sister went thru something similar with her CA teacher pension and SS benefits. the rules are super confusing and even the SS reps get them wrong half the time!! what helped us was bringing actual printed copies of the SS rules from their website about exemptions to the GPO. took like 8 months to finally get fixed tho :

The rep you spoke with was confusing several things. Let me clear this up: 1. GPO applies ONLY if the pension is from non-covered employment (work where SS taxes weren't paid) 2. New York State teachers have been covered by both their pension AND Social Security since 1957, unlike teachers in some states like Texas or California 3. You need to request form SSA-3288 (Consent for Release of Information) and SSA-7004 (Request for Social Security Statement) to get full documentation 4. Ask specifically for a WEP/GPO determination and calculation sheet to see if/how these provisions were applied 5. If she's been incorrectly subject to WEP for 17 years, she's entitled to retroactive correction going back to when the error began The most important proof will be documents showing her NYS teaching position was covered by Social Security - pay stubs or W-2s showing SS tax withholding are your best evidence.

I went through a NIGHTMARE with SSA about the same GPO issue after my husband died. I was getting nowhere with phone calls and local office visits. What finally worked was using Claimyr (claimyr.com) to get through to an actual SSA agent who could help. It got me past the endless busy signals and disconnects. The agent I reached was able to flag my case for review by a technical expert. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Also, bring Form SSA-7162 (completely filled out) to your local office. This specifically requests investigation of incorrect benefits. BE PERSISTENT and take detailed notes of every conversation (who, when, what was said).

THE WHOLE SYSTEM IS RIGGED AGAINST PUBLIC SERVANTS!!! My wife taught for 31 YEARS and gets PENALIZED just for choosing to teach our kids! She paid into SS from summer jobs her ENTIRE CAREER and still got hit with WEP/GPO reductions. The rules are DELIBERATELY CONFUSING so SSA can deny people their FULL BENEFITS!!!!

Update on processing times: Currently, WEP/GPO reconsiderations are taking 3-5 months on average, so 4 months isn't unusual. However, I recommend contacting your Congressional Representative's office for help. They have liaison officers who can inquire about the status and sometimes expedite these cases. Also, make sure your documentation includes: 1. Form SSA-7162 (Request for Review) 2. Copy of her pension award letter showing it's from NYS Teachers Retirement System 3. At least 3-5 years of W-2s showing SS tax withholding from her teaching position 4. A written statement explaining why GPO shouldn't apply (cite Social Security POMS section GN 02608.100 specifically) The local office can request an "immediate reconsideration" if you push them on it.

just curious how much of a difference is this making in her payments? my moms getting hit with GPO and its taking almost $800 off her survivors benefit every month!!

One more critical piece of advice: Request a "Technical Expert Review" specifically. These are SSA employees with specialized knowledge of complex provisions like WEP/GPO. The regular claims representatives often make mistakes with these rules. Also, if your mother's teaching service was after 1957, SSA should have records of her Social Security covered earnings from those years. Request her complete earnings record (SSA-7004) which might help prove her case. If the reconsideration is denied, you have 60 days to file for a hearing with an Administrative Law Judge. The success rate is much higher at this level because ALJs are more familiar with the nuances of these provisions.

my uncle had something like this happen he said just keep calling every week for a status update or theyll forget about your case lol. the squeaky wheel gets the grease with these govt agencies