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SSDI under $1000 - Can I get higher benefits from spouse's SS record even though they work in pension job?

I've been on SSDI for about 15 years now (became disabled before my marriage) and my monthly benefit is pathetically low - only about $950. My spouse and I have been married for over 27 years, but I'm wondering if I could possibly qualify for higher benefits based on their earnings record? Here's where it gets complicated: My spouse isn't anywhere near retirement age yet. Also, for their first 18-20 years of working, they paid into Social Security normally. But for the last decade, they've been working in a government job that only pays into a pension system, not Social Security. I've been trying to understand how this might affect things. From what I've read, my spouse might face the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO) when they retire because of the pension job. But what I can't figure out is: 1) Can I claim any spousal benefits NOW based on their SS record even though they're not retired? 2) Does their switch to a pension-only job for the last 10 years mess up their Social Security eligibility completely? 3) Am I just stuck with my low SSDI payment forever? I also looked into ABLE accounts, but I miss the age cutoff by a few months, so that's not an option. If anyone has dealt with this pension/SS crossover situation, I'd really appreciate some guidance on what specific questions I should ask when I contact SSA. Their website is so confusing on these mixed scenarios!

Kristin Frank

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Unfortunately, while spouses can sometimes get benefits from each other's records, SSDI has some very specific rules that probably won't help in your situation. Since your spouse isn't retirement age and hasn't filed for benefits, you can't get spousal benefits based on their record yet. And once they do retire, the GPO (Government Pension Offset) will likely reduce any potential spousal benefits by 2/3 of their government pension amount. Regarding your spouse's SS eligibility - they need 40 credits (roughly 10 years of work) in SS-covered employment to qualify for their own retirement benefits. If they had that before switching to the pension job, they should still qualify for some SS retirement benefits, but the WEP will reduce the amount. For now, you might want to ask SSA about: 1. Confirming your spouse has enough credits for future SS benefits 2. How GPO would impact potential future spousal benefits in your specific case 3. Whether you qualify for any SSI to supplement your low SSDI amount

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Jabari-Jo

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Thank you for this clear explanation! I was afraid that might be the case. My spouse definitely worked more than 10 years in SS-covered jobs before switching to the pension position, so that's at least something. Do you know if there's any way to estimate how much the WEP would reduce their eventual benefit? And is it worth asking about SSI even though we're married? I always thought marriage made one ineligible for SSI when your spouse works.

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Micah Trail

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i went thru similar with my hubby. he worked for county govt for 22 yrs. what matters is if your state has a Section 218 agreement with SS. some govt workers pay into BOTH pension and SS, others only pension. u need to find out which one applies to your spouse specifically. the WEP/GPO stuff gets confusing FAST!!

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Jabari-Jo

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Oh, that's really helpful! I had no idea about the Section 218 agreements. I'll definitely check that out. Did you end up getting any benefits based on your husband's record or did the pension complicate everything?

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Nia Watson

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This is a situation where you really need to speak directly with SSA, but getting through to them can be frustrating. I recently discovered a service called Claimyr (claimyr.com) that got me through to a real SSA agent in under 10 minutes after I'd been trying for days on my own. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU When you do get through, ask specifically about: 1. The "deemed filing" rules for disability benefits and how they interact with spousal benefits 2. The impact of GPO on disabled spouse benefits when one partner has a non-covered pension 3. Request a PEBES (earnings statement) for your spouse to confirm they have enough SS credits Your situation is complex enough that general advice won't be as helpful as getting specific guidance for your exact circumstances.

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I've tried calling SS like 5 times and they just put me on hold forever!! Does that Claimyr thing actually work? Seems too good to be true honestly

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Nia Watson

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Yes, it actually worked for me. I was skeptical too, but after being on hold for hours across multiple days, I was desperate. Got through in minutes. Just make sure you have all your questions ready because once you get an agent on the line, you want to make the most of it. The OP's situation with the pension offset and disability benefits is complicated enough that speaking directly with SSA is really the only way to get accurate information.

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The whole system is RIGGED against disabled people!!! I've been on SSDI for 12 years and they keep us in POVERTY on purpose. My cousin works for state government and will get a pension 3X what I get on disability even though I worked and paid in for 15 years before getting sick!!! The WEP/GPO rules are just another way they STEAL benefits we EARNED. And don't even get me started on the marriage penalties - they basically punish you for being married when calculating benefits. The whole system needs to be OVERHAULED!!!

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Jabari-Jo

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I feel your frustration! It does feel like we're being punished for something beyond our control. I worked hard for years before becoming disabled, and less than $1000/month is barely survival. I just wish there was more clarity about how all these different rules interact.

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Marcus Marsh

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Some additional info that might help: If your spouse had at least 30 years of substantial earnings under Social Security before switching to the pension job, they might be exempt from WEP. But that probably doesn't apply here since you mentioned they worked under SS for about 18-20 years. One thing to consider - if your SSDI is based on your own work record (not SSI), the Government Pension Offset (GPO) doesn't apply to YOUR benefits. GPO only affects benefits you might receive as a spouse or widow. The most important thing is to get a Benefits Planning Query (BPQY) from Social Security. This document will show all your options based on both your records. You can request this by calling SSA directly.

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are you sure about this GPO thing? my neighbor got her spousal benefits cut when she started getting her teacher pension and she was on disability before that happened. these rules get changed all the time tho so maybe its different now?

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Marcus Marsh

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If your neighbor was receiving Social Security disability benefits based on her OWN work record, then GPO shouldn't have affected those benefits. However, if she was receiving spousal benefits (which can happen in disability cases where someone has a limited work history), then yes, GPO would reduce those when the pension started. Without knowing the specifics of her case, it's hard to say for sure. But you're right that these rules are complex and can change!

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my head hurts just reading all this pension offset stuff lol. but one thing nobody mentioned - have you looked into your state's disability benefits? some states have supplemental programs for ppl on SSDI with low payments. might be worth checking. also food stamps and energy assistance programs can help stretch that small SSDI check

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Jabari-Jo

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That's a really good suggestion I hadn't thought of! I'll definitely look into state programs. We've been trying to make it work on just my spouse's income plus my small SSDI, but any additional help would make a big difference. Thank you!

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Kristin Frank

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One more thing to consider - when your spouse does reach retirement age, you should definitely reapply for spousal benefits even if you think the GPO might eliminate them. The calculations are complex, and depending on the size of their pension versus their Social Security benefit, you might still get some additional amount. Also, keep in mind that the rules for disability benefits can differ from retirement benefits in terms of how they interact with spousal benefits. Make sure when you contact SSA you specifically mention you're on SSDI, not retirement benefits, as this changes how certain provisions apply.

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Jabari-Jo

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Thank you so much for this additional info. I'll definitely reapply when my spouse reaches retirement age. It feels like navigating a maze with all these interconnected rules! I really appreciate everyone's help in sorting through this.

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