Social Security WEP reduced my benefit by $500! Can my husband claim spousal benefits now and can I get benefits off his record later?

Unfortunately, your husband can't claim spousal benefits on your record while delaying his own anymore. That strategy (called "file and restrict") was eliminated by legislation in 2015. Now when someone files for benefits, they are deemed to have filed for ALL benefits they're eligible for. Regarding your second question - yes, when your husband files for his retirement benefits, you may be eligible for additional spousal benefits if your spousal benefit amount (up to 50% of his primary insurance amount) exceeds your own reduced retirement benefit. However, keep in mind that your WEP reduction doesn't affect your spousal benefits calculation. I'd recommend you both schedule appointments with SSA to get personalized calculations. The interactions between WEP, spousal benefits, and different retirement ages can get quite complex.

The WEP is a SCAM designed to steal from public servants!!! I worked 22 years for the postal service after 15 years in private sector and they ROBBED me of $600/month with this ridiculous provision. It's THEFT plain and simple. They're stealing from teachers, firefighters, police officers and other public servants who often make LESS money than private sector. Don't expect much help from SSA either - they'll just quote the rules at you like robots. There's a bill called the Social Security Fairness Act that would repeal WEP but Congress never seems to pass it. Call your representatives!!!

To address your specific questions: 1) No, your husband cannot collect spousal benefits based on your record while delaying his own. The "restricted application" strategy was eliminated for anyone born after January 1, 1954. Your husband would be deemed to be filing for his own benefits simultaneously, which would prevent him from earning delayed retirement credits. 2) Yes, when your husband files at 67, you may qualify for additional spousal benefits. The calculation works like this: If 50% of your husband's Primary Insurance Amount (PIA) is greater than your own reduced retirement benefit (including WEP reduction), you'll receive a spousal top-up to bring your total benefit to the higher amount. For example: If your husband's PIA is $2,500, then 50% would be $1,250. If your current WEP-reduced benefit is $950, you would receive a $300 spousal benefit on top of your own benefit ($1,250 - $950 = $300). I recommend contacting SSA for exact calculations specific to your situation.

My dad just went thru this exact situation!!! He worked for state government AND private sector. The WEP took like $450 from his SS check every month which is crazy unfair. He tried calling SSA for months to see if there was any way around it but could never get through to anyone. Always busy signals or disconnected after waiting forever. He finally used this service called Claimyr (claimyr.com) that got him connected to an actual SSA rep in like 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU They couldn't change the WEP reduction but at least he got all his questions answered and found out about some partial exemptions he qualified for based on his earnings record. Worth checking out if you need to actually talk to someone at SSA!

my mom had kinda the same thing happen with WEP...she was a teacher for 18 years but also worked at a grocery store for like 20 yrs before that. she lost like $350/month! she tried to fight it but SSA said there was nothing they could do. its so messed up becuz most ppl dont even know about WEP until they apply for benefits!!!! btw when ur husband files make sure he knows that his benefits wont be affected by WEP even if he gets a pension to...its only if YOU get a non-covered pension that ur ss benefits get reduced.

Do you have exactly 28 years of "substantial earnings" under Social Security? If you're close to 30 years, it might be worth checking if any of your part-time years might qualify as substantial earnings years that SSA missed. The WEP reduction is eliminated if you have 30+ years of substantial earnings and is reduced with 21-29 years. Each year makes a difference in the reduction amount. For 2025, "substantial earnings" means you earned at least $30,875 in Social Security-covered employment. The threshold was lower in previous years though.

To answer the follow-up questions: 1) For the person asking about spousal benefit calculations: You're partially correct. The spousal benefit is based on 50% of the worker's PIA (unreduced benefit amount), but it IS reduced if the spouse claiming takes it before their FRA. Since the original poster took her own benefit at 62, her spousal benefit would be permanently reduced (to approximately 35% of husband's PIA instead of 50%). 2) For the original poster: You can check your years of "substantial earnings" by creating a my Social Security account online and reviewing your earnings record. Compare each year's earnings with the substantial earnings threshold for that year. These thresholds are different for each year (they were much lower in the 1990s and 2000s). If you find you're close to 30 years, it might be worth investigating if you had any additional earnings not reflected in SSA's records. Each additional year of substantial earnings reduces the WEP penalty.

Also wanted to mention that since your husband will be eligible for Medicare soon, make sure he enrolls when he turns 65 even if he continues working! Unless his employer has 20+ employees and he's on their health plan, in which case he can delay Medicare enrollment without penalties.

One more important consideration: when your husband does file at his FRA of 67, make sure you immediately contact Social Security to apply for the spousal benefit supplement. This won't happen automatically! Many people miss out on higher benefits because they assume SSA automatically recalculates everything. Also, keep in mind that if your husband were to pass away (hopefully many years in the future), survivor benefits work differently than spousal benefits. As a widow, you would be eligible for up to 100% of what he was receiving, and WEP would not reduce that amount. This is an important consideration for long-term financial planning.