Social Security Fairness Act - will my wife born in 1957 automatically get higher spousal benefits?

There seems to be some confusion here. The Social Security Fairness Act (as currently proposed) mainly addresses the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) - it doesn't specifically relate to choosing between personal and spousal benefits. What you're referring to is likely the changes that came with the Bipartisan Budget Act of 2015, which eliminated certain filing strategies. For people born in 1954 or later, SSA automatically gives you the higher of either your own benefit or your spousal benefit - you can't choose one or the other strategically anymore. Since your wife was born in 1957, she falls under these rules. She should automatically receive whichever is higher. If her spousal benefit would be higher than her current payment, I'd suggest scheduling an appointment with SSA to review her specific case, as they should have already given her the higher amount.

my wife had similar situation (born 1956) and we had to SPECIFICALLY ASK for them to check if spousal was higher!!!!! they dont do it automatic like they claim... we got backpay for 6 months when they finally fixed it. CALL THEM AGAIN and specifically ask for a benefit recalculation comparing her retirement to spousal! dont take no for answer

I've been dealing with this exact issue recently. What I've learned is that while the SSA is supposed to automatically pay the higher benefit, their systems don't always trigger this comparison correctly, especially if you started receiving your own benefits first and then became eligible for spousal later. What worked for me was calling and specifically requesting a "spousal benefit computation" to compare the two amounts. The key is getting someone knowledgeable on the phone - which can be nearly impossible with SSA wait times. I wasted weeks trying to get through on the regular line before I found this service called Claimyr (claimyr.com). They have a system that holds your place in the SSA phone queue and calls you when an agent is available. Saved me hours of hold time. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU After finally getting through, I had to be very specific about requesting the computation. Within two weeks, my wife started receiving the higher amount plus some backpay.

This whole system is RIDICULOUS! My husband and I went through something similar (I'm born in 1958) and we had to visit our local office THREE TIMES before someone actually knew what they were talking about!!! The first two people told us completely contradictory information. One said I wasn't eligible for spousal at all because I had my own work record (WRONG), another said I had to wait until FRA (ALSO WRONG). Finally got someone who actually knew the rules and yes, they're SUPPOSED to automatically give you the higher amount, but their computer system is from the STONE AGE and doesn't always trigger the comparison. We had to fill out a specific form requesting the comparison (don't remember the number). Good luck dealing with their incompetence!!!

I think I can help clarify this for you. There are a few important points here: 1. For anyone born after January 1, 1954, the deemed filing rules apply, meaning when you file for either retirement or spousal benefits, you're deemed to have filed for both, and SSA should give you whichever is higher. 2. However, there's an important technical detail: if your wife started receiving her retirement benefits before you started yours, then the spousal benefit comparison isn't automatically triggered in all cases. 3. The specific procedure is that you need to call SSA and request what's called a "spousal benefit computation" or "auxiliary benefit computation" - use those specific terms. 4. If it turns out her spousal benefit is higher, they should adjust it going forward AND provide backpay, though this is typically limited to 6 months of retroactive benefits unless there was a clear SSA error. I'd recommend getting this resolved soon, as any retroactive adjustment will be limited the longer you wait.

my sister had same problem took 3 months to fix but she got extra $210 per month after they fixed it plus backpay

Thank you all for your helpful responses! I finally called SSA again today using the specific terms "spousal benefit computation" as suggested, and got someone who seemed to understand the situation. She confirmed that since my wife was born in 1957, she falls under the deemed filing rules, but because she started receiving her own benefits before I filed, the system didn't automatically compare the benefits. The representative has initiated a review of her case, and preliminary calculations show she should be eligible for about $175 more per month, plus some retroactive payments. They said it will take about 30-45 days to process the adjustment. For anyone else in a similar situation - be persistent and use the specific terminology "spousal benefit computation" when you call!

Congratulations on getting this resolved! This is exactly why I love this community - everyone sharing their experiences helps others navigate these complex SSA issues. Your story perfectly illustrates how the system is supposed to work versus how it actually works in practice. It's really concerning that SSA representatives give such inconsistent information on these basic eligibility questions. The fact that you had to call multiple times and use specific terminology just to get a proper review shows there are serious training gaps in their customer service. For anyone else reading this thread who might be in a similar situation, I'd also recommend documenting everything - dates you called, names of representatives if they give them, and exactly what you were told. This can be helpful if you need to escalate later or if there are any disputes about timing for retroactive payments. The $175 monthly increase might seem modest, but that's over $2,000 per year - definitely worth the hassle of dealing with SSA's bureaucracy!