Social Security Fairness Act back payments vs. applying for spousal benefits now - what's the right move?

You should absolutely proceed with your spousal benefit application. The Social Security Fairness Act changes to WEP and your eligibility for spousal benefits are two separate issues that don't impact each other. Your WEP reduction changes will be processed automatically by SSA once the law takes effect, and any back payments owed will be calculated based on your primary benefit regardless of whether you're also receiving spousal benefits. Spouse benefits are calculated as the higher of: 1) your own benefit, or 2) up to 50% of your wife's PIA (Primary Insurance Amount). Since you're past FRA (Full Retirement Age), no reductions would apply to the spousal benefit. Given the numbers you shared, you'll likely see a nice increase!

DO NOT LISTEN TO THE PERSON ABOVE!!! The SSA is notorious for messing up these complicated cases!!! I'm a retired federal employee who had both FERS and SS contributions, and when I applied for spousal, they completely recalculated ALL my benefits and I ended up LOSING money for 3 months until they fixed it!!! WAIT until after they process the Fairness Act changes first. Get THAT money secured, THEN apply for spousal. Don't give them ANY reason to mess with your record right now. The SSA computer systems are from the STONE AGE and the reps barely understand these complex cases!!!

I just went through this with my husband last month! He was getting a small SS benefit plus his teacher pension (Illinois). We called and asked this exact question. The rep told us to go ahead with the spousal benefit application because the WEP adjustments will happen automatically for everyone affected regardless of any other benefits you're receiving. We did the phone appointment, and it was actually pretty simple. They just needed our marriage certificate, which we had to mail in (they said they'd mail it back). About 3 weeks later, his spousal benefit started showing up in his account.

I dunno, my sister works at SS and says their systems are so backed up right now they're struggling with regular claims. Adding in all these WEP changes is gonna be a nightmare for them. You might be waiting a loooong time either way. But she did say they're separate calculations so one shouldn't affect the other.

Former SSA employee here. The WEP relief and spousal benefits are indeed separate calculations in the system. Here's what will happen: 1. If you apply for spousal benefits now: You'll likely start receiving the higher benefit amount (either your own reduced-by-WEP benefit or up to 50% of your wife's benefit, whichever is higher) within about 30-60 days. 2. When the Social Security Fairness Act changes take effect: SSA will automatically recalculate your primary benefit without the WEP reduction. If your new non-WEP primary benefit is higher than your spousal benefit, you'll be switched to that amount going forward. Any back payments owed will be calculated separately. My professional recommendation: Apply for spousal benefits now. You have nothing to lose. The system is designed to always pay you the highest benefit you're eligible for.

I've been trying to call SSA for weeks about my WEP situation, and it's impossible to get through. The wait times are ridiculous, and half the time I get disconnected after waiting for an hour. Finally found a service called Claimyr that got me connected to an agent in about 15 minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. After weeks of frustration, it was worth it to finally speak with someone who could actually explain my WEP calculations.

my husband got hit with WEP too after 25 yrs teaching in texas. its so unfair they took away like 70% of his ss benefits he earned before becoming a teacher. hoping this new law helps but not holding my breath that ssa will make it easy to get whats owed

To address your question about documentation: For the spousal benefit application, they'll primarily need proof of marriage (certificate). Since you're already receiving some Social Security benefits, they already have your earnings record in the system, including the non-covered employment that triggered WEP. The WEP adjustments under the Fairness Act will be handled internally by SSA using records they already have. They'll recalculate benefits for everyone affected by WEP, so you won't need to submit a separate application or additional documentation for that part.

Just wanted to add - when we did our spousal benefit application, they told us my husband would still receive his original SS benefit plus a supplemental amount to bring the total up to 50% of mine (minus his WEP reduction). Then later when the WEP reduction changes, his base benefit will increase which might reduce the supplemental spousal portion, but the total will stay the same or increase. It's confusing but worked out fine for us.