Social Security WEP repeal - can my father now collect SS benefits with teacher's pension?
My father is 79 and has been collecting his state teacher's pension ($3,200/month) for 14 years. Before becoming a teacher, he worked various jobs in manufacturing during the 1960s-70s and earned his 40 SS quarters, but with pretty low wages. My mother was always the higher earner under Social Security, but she passed away in 2017. Dad never applied for his own SS benefits or survivor benefits from Mom because we were told the WEP and GPO would reduce them to almost nothing. With all this talk about WEP reform in the new legislation, would my dad now qualify for some Social Security benefits? We tried logging into his mySocialSecurity account to apply online but got confused when the system said it wasn't an option. Does he need to call or visit an office? Has anyone successfully navigated this situation recently?
18 comments
Nia Thompson
The WEP reform that passed isn't a full repeal - it's a reduction in the penalty starting in 2025. Your father might be eligible for partial benefits now, but he definitely needs to contact SSA directly to apply for both his own retirement benefit and possibly survivor benefits from your mother. The online system often can't handle these more complex situations with government pensions involved. Make sure he has his teacher pension information, SS earnings history, and your mother's SS number ready when he calls. Even with the WEP/GPO reduction, he might get something, especially if your mother was a high earner.
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Luca Greco
•Thank you! Do you know roughly how much the WEP penalty is reduced under the new law? I was hoping it might be completely eliminated for someone his age.
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Mateo Rodriguez
I work with retired teachers and this situation comes up frequently. The WEP/GPO reform that passed only provides partial relief, not a full repeal. The main benefits of the new law are: 1. A higher guaranteed minimum benefit despite WEP 2. Phased reduction of the WEP penalty starting in 2025 3. Some special provisions for people over 73 Your father should definitely apply for both his own SS retirement benefits AND survivor benefits from your mother. The fact that she was the higher earner is very important here - he might qualify for a higher amount as a surviving spouse even with GPO reductions. The reason the online system wouldn't let him apply is that government pension cases require additional documentation and review. He needs to call SSA directly at 1-800-772-1213 to schedule an appointment.
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Aisha Hussain
•i heard u can only get husband OR wife benefits not both... my friend tried and they made him pick one
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GalacticGladiator
Your dad should definitely apply! My dad was in almost the exact same boat - teacher pension but had some SS quarters too. He just got a letter last month saying he'll be getting an extra $380/month once the new rules kick in. Better than nothing! The SSA is actually being proactive about contacting people who will benefit from the new WEP rules.
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Luca Greco
•That's encouraging! Did your dad have to apply for this or did they just notify him automatically? $380/month would make a big difference for my father.
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Ethan Brown
THEY DON'T TELL YOU THE WHOLE TRUTH!!!! I spent 4 MONTHS trying to get my husband's teacher pension + SS benefits sorted after the "reform" passed. SS representatives kept giving different answers every time we called. First they said he'd get $600 more per month, then they said only $210, then they said he had to wait until 2025!!! The whole system is designed to confuse people and deny benefits!!!
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Yuki Yamamoto
•Yes!!! Same exact thing happened with my sister's application. Every person tells you something different. I think they just make stuff up when they don't know the answer.
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Carmen Ruiz
I've been in the same situation with my husband who has a firefighter pension. We've spent weeks trying to get through to Social Security to understand how the WEP reform affects him. After dozens of attempts calling the 800 number and getting disconnected, I found a service called Claimyr (claimyr.com) that got us connected to a live agent within 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once we finally spoke with an agent, we learned that my husband will qualify for some benefits under the new WEP reforms, but he needed to apply in person with documentation of his pension. The agent scheduled an appointment for us right away. Definitely worth looking into for your dad's situation.
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Luca Greco
•Thank you for the tip! I'll look into that service. Dad gets frustrated with long phone waits so anything that helps with that would be worth it.
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Aisha Hussain
my dad was a teacher too and SS told him to wait till 2025 for the new wep rules to apply. they said applying now would just get him denied. but maybe your dad should try anyway?? the rules r so confusing
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Nia Thompson
•That advice isn't entirely accurate. Your father should apply now to establish his filing date, even if the benefits won't start until 2025. This is important because it could affect retroactive payment eligibility. Social Security often gives inconsistent information on WEP/GPO cases because they're complex.
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Mateo Rodriguez
I want to add an important point here - there's a difference between WEP (which affects your own SS benefits when you have a non-covered pension) and GPO (which affects survivor or spousal benefits). Since your mother was the higher earner and has passed away, your father should definitely apply for survivor benefits. The GPO would reduce these benefits by 2/3 of his teacher's pension amount, but if your mother's benefit was substantial, he might still get a partial survivor benefit even before the reforms take full effect. For example, if your mother's SS benefit was $2,400 and your dad's pension is $3,200: - Potential survivor benefit: $2,400 - GPO reduction: 2/3 of $3,200 = $2,133 - Net survivor benefit: $267/month This is just an example calculation - the actual numbers would depend on your specific situation. The key is that he should apply and let SSA do the calculations.
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Luca Greco
•This is extremely helpful, thank you! My mom's benefit was around $2,100/month when she passed, so using your formula, it seems Dad might qualify for something. I'll definitely encourage him to apply now.
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Yuki Yamamoto
just wondering why ur dad never applied for SS benefits when ur mom passed? My husband got a small check even with his city pension when I check the SS rules online
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Luca Greco
•We were told by friends (also teachers) that the GPO would eliminate any survivor benefits completely. I think we just assumed it wasn't worth trying. Looking back, we should have at least applied and gotten an official determination.
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Nia Thompson
Based on all the information shared, here's what your father should do: 1. Apply immediately for both his own retirement benefits and survivor benefits from your mother 2. Specify he wants to apply despite having a non-covered pension (his teacher's pension) 3. Bring documentation of his pension amount, his SS earnings history, and your mother's death certificate and SS number 4. Request that SSA calculate his benefit both under current rules and under the new WEP reform rules 5. Ask specifically about the special provision for beneficiaries over 73 (your father qualifies at 79) Even if he gets denied or gets a very small amount now, having an application on file is important as the new rules phase in during 2025. The system is definitely complicated with government pensions involved, but it's worth pursuing - even a small monthly benefit adds up over time.
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Luca Greco
•Thank you for laying out these specific steps. I'll help my dad gather all these documents and get his application submitted. I appreciate everyone's helpful advice!
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