Social Security divorced spouse benefits denied due to ex's federal pension - is GPO applying to me?

The SSA rep gave you incorrect information. The Government Pension Offset (GPO) applies to YOU if YOU have a pension from a government job where YOU didn't pay Social Security taxes. It doesn't apply just because your ex-husband has a FERS pension.As a divorced spouse, you're entitled to up to 50% of your ex's full retirement amount if:1. Your marriage lasted at least 10 years (yours was 22, so you qualify)2. You're at least 62 (you will be)3. You're currently unmarried4. Your own benefit would be less than what you'd get as a divorced spouseYour ex having FERS doesn't disqualify you. In fact, since he was in FERS (not CSRS), he paid into Social Security during his federal career, which means his SS record should be substantial.

Thank you so much! I thought that didn't sound right. I'm definitely unmarried and haven't remarried since our divorce 12 years ago. Do I need to bring anything special to prove this was wrong when I go back to the office? I'm worried they'll just tell me the same thing again.

wait my mom had something like this happen!!!! the first person told her no benefits but she went back again and got someone different who fixed everything. sometimes they don't know what there talking about honestly

That's what I'm afraid of - getting wrong information! Did your mom have to bring any special documentation or ask for a supervisor?

I'm a retired SSA claims specialist, and I can confirm the information you received is incorrect. Your ex-husband's government pension has no impact on your eligibility for divorced spouse benefits.What might be happening is confusion over two different provisions:1. Government Pension Offset (GPO) - This reduces spouse/widow(er) benefits for people who receive pensions from government employment where they didn't pay Social Security taxes.2. Windfall Elimination Provision (WEP) - This affects how someone's own Social Security benefit is calculated if they receive a pension from work not covered by Social Security.Neither of these provisions prevent you from claiming divorced spouse benefits based on your ex-husband's record simply because HE has a government pension. In fact, since he was in FERS, he was paying into Social Security, so his record should be fully available for divorced spouse benefits.Make another appointment and specifically ask to speak with a Technical Expert or Claims Specialist who understands divorced spouse benefits when a federal pension is involved.

This is so helpful! I felt like I was going crazy. So his FERS pension doesn't affect my ability to claim on his record at all? That's such a relief. I'll definitely ask for a Technical Expert next time.

I HAD THE EXACT SAME ISSUE!!! My ex worked for the VA hospital for 30 years! First person told me I couldn't get anything because of his \

thats awesome! see OP they don't always know what there talking about

I've been trying to call SSA for weeks to ask about a similar situation with my ex who worked for the FAA. Their phone lines are always busy and I can never get through. Finally found a service called Claimyr at claimyr.com that helped me get a callback from SSA within 2 hours instead of waiting on hold all day. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. Saved me so much frustration when dealing with my divorced spouse benefit questions.

Thanks for the tip! I've been dreading having to call them. Did they charge a lot for the service?

It was worth every penny to avoid spending hours on hold or getting disconnected. Especially since you need to speak with a specific type of specialist who understands these complex rules. Just make sure you have all your questions prepared before they call you back!

I think there's still some confusion here. If your ex was FERS (Federal Employees Retirement System), then yes, you can claim on his record. But if he was under the older CSRS (Civil Service Retirement System), then it gets complicated because CSRS employees didn't pay into Social Security.You mentioned Army and Postal Service, which means he likely has a mix of covered and non-covered employment. The rep might have been looking at the wrong information or misunderstood his employment history.Bring these documents to your next appointment:- Marriage certificate- Divorce decree- Your ex's SSN if you have it- Any information about when he worked in federal serviceAnd specifically ask about divorced spouse benefits under FERS employment.

This is good advice about bringing documentation, but I want to clarify something important: Even if the ex-husband was under CSRS and didn't pay into Social Security during federal employment, the ex-wife would still be eligible for divorced spouse benefits if he qualified for Social Security from other employment. The ex-husband's pension type doesn't disqualify the divorced spouse - it just might mean his Social Security benefit is lower if WEP applies to him. But that's his issue, not hers as the divorced spouse claimant.

My brother's wife got nothing from his postal pension when they divorced... maybe that's what they meant? Something about direct government benefits vs social security benefits? The whole system is so confusing I'm just planning to work until I die lol

There's a difference between direct pension sharing (which happens in divorce settlements) and Social Security divorced spouse benefits (which are determined by SSA regardless of the divorce settlement). OP is asking about Social Security benefits, not a share of the actual FERS pension, which is a completely different issue handled during divorce proceedings.

Update: I called SSA this morning and finally got through to someone after an hour on hold. This person confirmed what you all said - I AM eligible to claim divorced spouse benefits on my ex's record regardless of his federal pension! The first rep was completely wrong.They explained that since he was in FERS, he paid into Social Security his whole career. Even if he hadn't, I could still claim on whatever Social Security credits he did earn elsewhere.They've scheduled me for a proper appointment next month to go over all my options. Thank you all for giving me the confidence to question the incorrect information!

Great news! This is why it's always good to get a second opinion when something doesn't sound right. At your appointment, be sure to ask about the best claiming strategy based on your age - whether to take reduced divorced spouse benefits early or wait until your Full Retirement Age for the maximum 50%.

SEE!!! I TOLD YOU!!! So happy for you!! 🎉🎉🎉