Social Security reducing my survivor benefits due to city pension - is this considered 'earned income'?

This sounds like the Government Pension Offset (GPO), not an earnings test issue. GPO affects people who receive pensions from government employment not covered by Social Security. If the pension is from your own work in government employment where you didn't pay Social Security taxes, then your Social Security survivor benefits can be reduced by 2/3 of your government pension amount. But from what you're saying, this is your husband's pension, not yours. I'd call SSA immediately to clarify - sounds like they might have misunderstood the source of the pension.

did u work for the government too? cuz that matters. i think they mix up sometimes if the pension is yours or your husbands. my mom had something like this happen and she had to bring papers to prove the pension was my dads work not hers

I dealt with this EXACT issue last year. This is definitely the Government Pension Offset (GPO), but they're incorrectly applying it to you if this is truly a survivor's pension from YOUR HUSBAND'S government work. GPO only applies if YOU earned the government pension from YOUR OWN work where YOU didn't pay Social Security taxes. It does NOT apply to survivor pensions you receive from your spouse's non-covered government work. They've made a critical error in your case. You need to request a reconsideration immediately (within 60 days of the notice). Bring all documentation showing this is a survivor pension from your husband's employment, not your own pension.

SSA is ALWAYS doing this!!! They automatically assume any pension is subject to GPO without actually checking the details. I had to fight them for 7 months when they did this to my mom. The workers don't understand their own rules half the time and just check boxes in their system. You need to talk to a Technical Expert or Claims Specialist, not the regular reps who answer the phones. Good luck getting through though - took me 47 calls over 3 days!!!

I work as a benefits counselor, and I can confirm what others have said. The GPO should NOT apply to a survivor pension you receive based on your husband's work. It only applies to pensions earned from your own work in non-covered employment (where you didn't pay Social Security taxes). When you contact SSA, specifically ask for form SSA-795 (Statement of Claimant). On this form, clearly state that the pension is a survivor benefit from your husband's employment, not your own. Also request a formal reconsideration (form SSA-561). Bring documentation that clearly shows: 1. The pension is based on your husband's employment 2. It's designated as a survivor benefit 3. You never worked in that government system This is a common error but completely fixable with the right documentation.

my nieghbor had this happen but it was because she worked as a teacher for 10 years back in the 80s and never told social security about it when she applied for widows benefits. did you ever work in a job where you didnt pay ss taxes? even years ago? they can find that stuff

To answer your follow-up question - yes, bring your marriage certificate and his death certificate along with the pension award letter that specifically shows it's a survivor pension. And yes, once they correct this error, they should pay you retroactively for any months they incorrectly reduced your benefit. I'd advise writing a clear statement before you contact them that outlines: - You never worked in non-covered government employment - The pension is specifically a survivor benefit from your husband's employment - You understand the GPO applies only to pensions earned by the beneficiary, not survivor pensions Also, ask them to review section GN 02608.100 of their Program Operations Manual System (POMS), which specifically addresses when GPO applies and doesn't apply to survivor benefits.

good luck!! let us know what happens ok??

One more thing - if you used the Claimyr service someone mentioned and managed to speak with SSA, make sure you get the name and direct extension of anyone who helps you correctly understand your case. That way, if you need follow-up, you can try to reach the same person who already understands your situation. Also get everything in writing if possible!