Social Security Survivor Benefits after WEP/GPO Fairness Act - Can I get both deceased and disabled spouse benefits?

You're in a complex situation, but I think I can help with some clarity! First, yes - when you become eligible for your first husband's survivor benefits under the new law, they should include all COLAs since your original entitlement date. The benefit amount grows even if you weren't receiving payments due to GPO. Regarding choosing between benefits: Yes, you can claim whichever is higher between widow's benefits from your first husband or spousal benefits from your current husband on SSDI. As a widow who remarried after 60, you maintain eligibility for your first husband's benefits. The general rule is: - Widow's benefits = 100% of deceased spouse's benefit (since you're at full retirement age) - Spousal benefits = 50% of current spouse's SSDI Based on your numbers, the widow's benefit would likely be higher ($1,350 vs about $875 from spousal). I think the SSA rep gave good advice - wait until they have clear guidance on implementing the Fairness Act before adding another application to the mix.

I went through something similar with GPO!!! I worked for the school district for 32 years and got NOTHING from my late husband's SS even though we were married for 25 years before he passed. It's CRIMINAL how they've treated us government workers!!! Did they tell you WHEN they're actually gonna start paying us?? I called twice and got two different answers. One said April and one said "by the end of the year" which is ridiculous!!! And what about BACK PAY??? We should get everything they've withheld since the law was passed at MINIMUM!!!

You've got a unique situation with multiple potential benefit sources, but the good news is the WEP/GPO Fairness Act should significantly improve your situation. To clarify a few technical points: 1) Regarding COLAs: Yes, your widow's benefit from your first husband would include all COLAs since your entitlement date in 2019. The benefit amount continues to grow with inflation adjustments even if GPO reduced your payment to $0. 2) Dual entitlement rules apply in your situation. You can't receive both full survivor benefits AND spousal benefits simultaneously. SSA will pay the higher of the two amounts. 3) Based on your figures, your widow's benefit would be approximately $1,350 + COLAs (roughly $1,575 in 2025), while spousal benefits on your current husband's record would be about $875 (50% of $1,750). The widow's benefit is clearly more advantageous. 4) Regarding the implementation timeline: SSA is working on guidance, but benefits will likely start being paid around June-July 2025, possibly with some retroactive payments to January 2025 (when the law took effect). I recommend waiting until March when SSA should have clearer guidance before taking any action.

Has anyone here actually managed to get through to a REAL PERSON at Social Security lately? I've been trying for TWO WEEKS to ask about the GPO changes and keep getting disconnected or stuck on hold for 2+ hours before giving up! Called my local office and they said I have to talk to the national number but that's completely useless. The website has ZERO information about implementation timelines. This whole thing is so frustrating!!

From everything I've read, your widow benefits will definitely be higher than spousal benefits in this case. Quick math - survivors get 100% of the deceased's benefit (which would be $1,350 plus COLAs), while spouse benefits are only 50% of your current husband's SSDI (which would be around $875). Don't forget that benefit amounts have increased quite a bit since 2019 due to the big COLAs we've had. The 2023 COLA was 8.7% alone! Your widow benefit should include all those increases. I think waiting until March like they suggested is smart. SSA is probably scrambling to figure out how to implement this massive change affecting millions of people.

my sister had this with GPO!!! she worked for post office 30 yrs and couldn't get her husbands ss when he passed. so unfair!!! now with new law she's getting benefits but they made her reapply even tho she was already approved before! make sure u have all your papers from 2019 when u go in april. bring copy of marriage certificate and death certificate too they always lose everything!!!!

Just want to add - regarding your first husband's survivor benefits: make sure you have a copy of your original 2019 application and approval notice. That documentation will be important to establish your entitlement date for calculating COLAs. Also, while you wait for SSA's official guidance, now would be a good time to gather: - Your first husband's death certificate - Your original marriage certificate - Your current husband's SSDI award letter - Your government pension information - Your original GPO determination letter Having all this documentation ready will make the process smoother once SSA begins implementing the changes.

To answer your follow-up question about documentation - yes, you should also include proof of your current marriage even if you're taking widow's benefits from your first husband. Here's why: SSA needs to verify that you remarried after age 60, which preserves your eligibility for widow's benefits. Without proof of when your current marriage occurred, they might incorrectly assume you're ineligible for the first husband's benefits. This is especially important in cases involving both GPO and multiple potential benefit sources. The more complete your documentation is upfront, the less likely you'll face delays or incorrect determinations.