Social Security WEP repeal confusion - Can I switch to spousal benefits after SSFA passes?

First, understand that the Social Security Fairness Act hasn't actually passed yet - it has support but isn't law. If/when it does pass, you'll have options. As someone who receives a WEP-reduced benefit, you would likely receive some retroactive payment for the WEP reduction. However, spousal benefits work differently - you'd receive the higher of either your own benefit or up to 50% of your husband's benefit (so potentially up to $1,900 in your case). If the law passes, I'd recommend waiting until you receive official guidance from SSA before making any changes. If you switch to spousal benefits immediately, you might complicate your retroactive WEP claim. The SSA will need to establish procedures for handling these situations.

I'm in almost the same boat but with GPO instead of WEP. My advisor told me that the retroactive payments would likely be calculated based on your benefit history regardless of future benefit choices. The SSA will probably calculate what you SHOULD have received without WEP and pay you the difference for past months. What complicates things is that spousal benefits have their own rules. You're probably receiving your own benefit now, but after repeal, you might be eligible for the higher spousal benefit going forward. I think the safest approach is to wait for the official guidance once the bill passes, then file for the higher benefit. The retroactive payment should still come to you based on past underpayments.

It's all just talk for now anyways! I've been hearing about repealing WEP/GPO for 15 YEARS and nothing ever happens. Don't count on it. Politicians just dangle this carrot before elections then forget about us. I'll believe it when I see the money in my account.

Have you tried contacting SSA directly? I had a complicated question about my disability benefits last month and kept getting busy signals for DAYS. Then I found this service called Claimyr (claimyr.com) that got me through to an agent in under 10 minutes! They have this video showing how it works: https://youtu.be/Z-BRbJw3puU This seems like exactly the kind of complex situation where you'd want to speak directly with an SSA claims specialist rather than trying to figure it out on forums. They're the only ones who can tell you how your specific situation would be handled.

my husband and i both worked for the post office and he gets way more than me even tho we worked same years!! is that this WEP thing too?? should i be getting more??

Let me clarify a few technical points: 1. If the Social Security Fairness Act passes in its current form, the WEP repeal would be effective January 2025. 2. For retroactive payments: The bill provides for a gradual phase-out of WEP, with most affected beneficiaries receiving a lump sum payment representing a portion of past reductions. 3. Regarding spousal benefits: You're always entitled to the higher of either your own benefit or up to 50% of your spouse's. Without WEP, your own benefit might increase, but you'd still want to compare it to the spousal benefit. 4. Important timing consideration: If your own benefit (without WEP) is less than the spousal benefit, you could apply for spousal benefits after receiving retroactive payments. The law doesn't require you to choose one or the other. I recommend waiting until the legislation passes, then scheduling an appointment with SSA to review your specific situation. They'll be able to calculate exactly which option maximizes your benefits.

i heard we're supposed to get ALL the money back not just some of it??? my neighbor said her financial guy told her it could be like $40k for some people who've been retired a long time with WEP

Thank you all for the helpful information! I'm going to wait until the bill actually passes before making any decisions. In the meantime, I'll try to get through to SSA using that Claimyr service someone mentioned to get official guidance on my specific situation. I've been losing sleep over potentially making the wrong decision, but I feel much better now understanding that I should be eligible for both the retroactive payment AND potentially switching to spousal benefits afterward.