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Should I delay filing for SS retirement with WEP repeal pending? Spousal benefits affected

I've been planning my Social Security retirement timing for years and finally reached my Full Retirement Age next month (March 2025). But now I'm completely confused about what to do with this WEP repeal situation! I worked 22 years under a pension system in California education where I didn't pay into Social Security, then another 17 years in the private sector paying into SS. With the WEP repeal passing Congress (but not signed yet), I'm trying to figure out my best move. According to my calculations, I'd now qualify for about $375 more in monthly benefits plus potentially a spousal top-off since my wife's benefit is much higher than mine. Should I file now as planned or wait until Biden signs the repeal and SSA implements the changes? I'm worried about getting caught in processing limbo if I apply during this transition period. Has anyone dealt with this timing issue around the WEP changes? Any insights would be REALLY appreciated!

Amaya Watson

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Based on my experience working with WEP-affected retirees, I'd recommend applying for your benefits now rather than waiting. The Social Security Administration will automatically adjust your benefit amount once the WEP repeal is implemented. You won't lose any money by applying during this transition period. If you wait to apply, you might end up delaying your benefits unnecessarily. When SSA processes the WEP changes, they'll review all affected accounts and issue any additional payments or adjustments retroactively.

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Thank you! That makes me feel better about moving forward. Do you think I should specifically mention the WEP situation in my application or just proceed normally?

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Grant Vikers

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DONT LISTEN TO THaT ADVICE!!!! I filed right before a policy change back in 2022 and got STUCK in the old rules even after they updated everything!!! Took me 18 MONTHS of calling and fighting to get it fixed!! The SSA systems are TERRIBLE at handling transitions!!! If I were you I'd wait at least until the bill is signed and SSA announces HOW they're going to implement it before filing anything!!

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this happened to my uncle too, SS messed up his WEP calculation and he had to wait forever to get it fixed

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Savannah Weiner

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The key consideration here isn't just about the WEP adjustment itself, but also about your spousal benefit potential. Since you mentioned you qualify for a spousal top-off of approximately $375, filing strategy becomes more complex. The WEP repeal will increase your own benefit amount, which might actually reduce your spousal top-off amount (since the spousal benefit is calculated as the difference between your benefit and half of your spouse's). If you file now, you'll establish your initial benefit level including the WEP reduction, and when the repeal is implemented, SSA will recalculate everything. If you wait, you might end up with a cleaner calculation from the start, but you'll also delay receiving any benefits. Essentially, you're choosing between starting benefits sooner (with a later adjustment) versus waiting for a potentially smoother process.

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That's a really good point about the spousal benefit calculation I hadn't considered. So if my own benefit increases due to WEP repeal, the spousal top-off would decrease by the same amount, meaning the total would be unchanged? I need to think about this more...

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Levi Parker

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My husband and I just went through something similar last year. We ended up just filing and then waited for them to sort it out. Got our first payment quickly but took about 3 months for them to adjust everything correctly. Not too bad really.

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Libby Hassan

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Was this related to WEP specifically? Or just a general adjustment to your benefits? The WEP repeal is a massive change affecting hundreds of thousands of beneficiaries, so I wonder if processing times might be much longer for this particular situation.

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Hunter Hampton

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I work with retirees navigating Social Security issues, and your situation is pretty common right now. Here's what I suggest: 1. Go ahead and file for your retirement benefits now rather than delaying 2. In the "Remarks" section of your application, specifically note that you are affected by WEP and understand a repeal is pending 3. Calculate both scenarios - your benefit with WEP and without - so you know what to expect 4. After filing, print a copy of your online confirmation and keep documentation of all communications The advantage of filing now is that you establish your entitlement to benefits at your FRA, avoiding any potential delays. When the WEP repeal is fully implemented, SSA will recalculate your benefit and issue any additional amounts retroactively to your entitlement date. The adjustment process might take some time, but you won't lose any money by filing during the transition period.

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Thank you for the detailed advice! I like the idea of documenting everything and specifically mentioning the WEP situation in my application. I hadn't thought about using the Remarks section for that purpose.

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my dad had wep issues too its such a mess good luck getting anyone at ss to understand it half of them dont even know what it is lol

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Grant Vikers

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THIS!!! Even supervisors at SSA don't understand all the WEP calculations!

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Amaya Watson

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If you're struggling to get through to Social Security to discuss this specific situation, I'd recommend trying Claimyr.com. I had a similar complex situation with WEP calculations last year and couldn't get through to SSA for weeks. Claimyr got me connected to an actual SSA agent in about 20 minutes. They have a demo video of how it works at https://youtu.be/Z-BRbJw3puU. It was worth it to get my specific questions answered by a knowledgeable agent instead of waiting on hold for hours or getting disconnected.

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Thanks for the suggestion. I've been trying to get through on the phone for days with no luck. I'll check out that service since I definitely have some specific questions about my situation.

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Savannah Weiner

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To follow up on my earlier comment, I think there's one more consideration for your specific situation: if you're planning to continue working after filing. Since you've reached your FRA, you won't be subject to the earnings test, but if you're still adding to your earnings record, those additional years of work could further increase your benefit amount regardless of the WEP situation. The fact that you have 17 years of substantial earnings under Social Security already means the WEP impact on your benefit is already somewhat limited (since WEP's impact is reduced after 20 years of substantial earnings and eliminated after 30 years).

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I actually retired completely last year, so I won't be adding any more earnings. I have exactly 17 years of substantial earnings under Social Security, so the WEP reduction has been significant in my case - which is why the repeal would make a big difference for me.

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Levi Parker

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Has anyone else noticed that the SSA website hasn't been updated with ANY information about the WEP repeal yet? I've been checking every few days but there's nothing official about how they're planning to implement it.

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Grant Vikers

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Because they're COMPLETELY UNPREPARED for this change!!! They'll probably take MONTHS to figure out how to implement it properly!! That's why waiting might be smart!

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Hunter Hampton

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After reading through all the comments, I want to emphasize a strategic approach. File now, but be prepared for some administrative challenges. The SSA will almost certainly implement the WEP repeal retroactively once it's signed into law, meaning anyone affected will eventually receive the correct amount regardless of when they file. The key is documentation and follow-up. Keep copies of everything, use the Remarks section of your application to note your WEP situation, and be prepared to follow up regularly. While the SSA systems may take time to adjust, establishing your benefit entitlement at your FRA is valuable from a planning perspective. Regarding your spousal benefit top-off, that calculation will automatically adjust based on your new primary insurance amount after the WEP repeal is implemented.

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I really appreciate the thoughtful advice from everyone. I think I'll go ahead and file now rather than delay my benefits, but I'll make sure to document everything carefully and specifically mention the WEP situation in my application. It seems like the consensus is that SSA will eventually sort it out, even if it takes some time for the adjustment to happen.

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