Social Security WEP/GPO confusion - can my husband reapply for spousal benefits or will it mess up backpay?
I'm completely confused about WEP and GPO and how they're affecting my husband's Social Security benefits. My husband worked 27 years for a state agency not covered by Social Security, but also has enough Social Security credits from private-sector work to qualify for his own reduced SS retirement benefits (WEP reduced it significantly). He started collecting his own benefits last year at 67. He applied for spousal benefits based on my record last October and got denied due to the Government Pension Offset (GPO). The rep said his pension completely offset what he'd get from my record. BUT - I just found out his pension amount actually decreased by about $750/month starting in January 2024 due to some pension system changes. My question is: Does he need to reapply for spousal benefits now that his pension is lower, or will SSA automatically recalculate? And if he does need to reapply, would he still be eligible for backpay from January 2024 when his pension decreased? I'm worried if we submit a new application, we'll lose potential backpay for the months since January. Any help understanding this GPO/WEP nightmare would be so appreciated!
20 comments
Owen Devar
I went through something similar with my wife. You DEF need to apply again, SSA doesnt automatically recalculate anything! They never know when pensions change unless you tell them.
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Brooklyn Knight
•Thanks for your quick response! Do you know if we'll still be able to get the backpay from January? That's what has me most worried.
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Daniel Rivera
Your husband needs to contact SSA about the pension amount change as soon as possible. The GPO reduction formula is 2/3 of his non-covered pension amount, which offsets any spousal benefit he might be eligible for. With a $750/month decrease in his pension, that could mean approximately $500 less in GPO reduction, potentially making him eligible for some spousal benefits now. Regarding backpay: If he files a new application now, SSA can provide retroactive benefits up to 6 months before the application date (not all the way back to January automatically). However, there's a special rule - if he reports the pension change within the appeal period of the original denial (generally 60 days plus extensions), they might consider it part of the original claim. Your best approach is to: 1. Contact SSA immediately and report the pension change 2. Explicitly request that they reconsider the prior denial based on changed circumstances 3. Provide documentation showing exactly when the pension amount decreased 4. Ask specifically about retroactive benefits back to January 2024 The WEP reduction on his own benefit and the GPO reduction on spousal benefits are calculated separately, so both will apply but the GPO calculation needs to be updated.
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Brooklyn Knight
•Thank you for such a detailed response! We're well past the 60-day appeal period since he was denied in October 2023. So it sounds like we need to submit a new application but might only get backpay for 6 months? Is there any way to explain the situation and get them to go back to January?
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Sophie Footman
DONT TRUST ANYTHING SSA TELLS YOU!!!! My husband went through this exact same situation and they messed it up THREE TIMES!!!! First they calculated his GPO wrong, then they didn't apply the WEP correctly, then they LOST his paperwork showing his pension decreased!!!! It took us 9 MONTHS to get it fixed!!!!
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Brooklyn Knight
•Oh no, that sounds awful! Did you eventually get it sorted out? Was there anything specific you did that finally worked?
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Sophie Footman
We finally got it fixed after talking to a supervisor who actually knew what they were doing. Make sure you keep COPIES OF EVERYTHING and get the name and direct extension of everyone you talk to. And write down EXACTLY what they tell you each time!!!!
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Connor Rupert
I had similar troubles with GPO/WEP calculations when my pension changed. You absolutely need to file a new application. The six-month retroactivity limit is standard, but there are exceptions. What worked for me was specifically requesting what's called a "reopening" of the prior determination based on new and material evidence. This is different from an appeal, and can be done even after the appeal period ends. The decreased pension counts as new and material information that could change the prior determination. If you use this specific language when you contact them, and provide documentation that shows exactly when the pension decreased (January 2024), they may be able to pay benefits retroactive to that date rather than just six months back. Hope this helps - the WEP/GPO rules are extremely complicated even for many SSA employees.
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Brooklyn Knight
•Thank you so much! I hadn't heard about "reopening" a determination. We'll definitely use that language. Do we need to bring any specific forms when we go to the SSA office?
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Connor Rupert
You'll need Form SSA-561-U2 (Request for Reconsideration) and attach documentation showing the pension decrease. Bring multiple copies of everything, including the original denial letter, all pension documentation showing both the old and new amounts, and the exact date of change. Also bring proof of your husband's identity and your marriage certificate just in case. When filing, explicitly write on the form that you're requesting a "reopening based on new and material evidence" rather than a late appeal. This distinction matters for how they process it.
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Molly Hansen
my husband is getting WEP too and its so unfair...he worked 25 years as teacher and 15 in private sector but gets barely anything from SS. i dont understand why they punish people who worked 2 careers!!!
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Daniel Rivera
•The WEP reduction actually doesn't apply (or is modified) if your husband had 30+ years of "substantial earnings" under Social Security. With 15 years in the private sector, if he earned enough each year, he might be close to qualifying for a reduced WEP penalty. It might be worth checking if any of his teaching years had any Social Security contributions that could count toward the 30 years.
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Brady Clean
Have you tried calling SSA directly? I was in a similar situation trying to sort out my husband's benefits with WEP/GPO issues and kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to a live SSA agent in about 15 minutes instead of spending hours on hold. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through to someone who actually understood WEP and GPO (ask specifically for a technical expert), they were able to help me file the right paperwork to get the benefits adjusted from the date my husband's pension changed. Definitely helped us avoid another trip to the overcrowded local office.
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Owen Devar
•does that claimyr thing really work? ive spent like 3 days trying to get through to ssa and keep getting disconnected
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Brady Clean
Yes, it worked for me. I was skeptical too but was desperate after trying for days. It's not free but was worth it to actually get someone on the phone who could help with our complicated WEP/GPO situation. The key is asking for a "technical expert" once you get through - regular reps often don't understand these complex rules.
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Skylar Neal
just a thought but are you sure your husband is filing for the right benefit? spousal benefits and survivor benefits are different things. my sister kept applying for spousal when she should have been applying for survivors and wasted 6 months going back and forth!
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Brooklyn Knight
•Yes, I'm still alive! 😊 He's definitely applying for spousal benefits based on my record since I have a higher earnings history. But thank you for checking - there is so much confusion with all these different benefit types.
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Daniel Rivera
Important point that hasn't been mentioned yet: When your husband goes to SSA about this issue, he should specifically request a "GPO recalculation based on pension amount change." This uses specific language their systems recognize. Also, the timing matters here. If your husband was denied in October 2023, and the pension decreased in January 2024, you're dealing with a subsequent change in circumstance rather than an incorrect initial determination. This is why the reopening request based on new and material evidence is the correct approach. One more thing - make sure he brings proof that the pension decrease is permanent and not temporary, as that affects how they process the adjustment.
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Owen Devar
i just remembered something that might help u guys. my friends wife had something like this happen and she said that even though they were past the appeal deadline they were able to get backpay by filing whats called a "good cause" statement explaining why they didnt report the change sooner. might be worth asking about that too when u go in.
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Brooklyn Knight
•That's really helpful, thank you! We'll definitely ask about a "good cause" statement when we go in. We honestly didn't realize we needed to report the pension change right away since the original application was denied completely.
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