Social Security spousal benefits start date after WEP/GPO repeal when both over 75?
I'm completely confused about my wife's spousal benefit application date after these new GPO repeal laws. Here's our situation: We both filed for Social Security when we were 62. My wife has a teacher's pension and only worked 44 quarters under Social Security. Originally, her own SS benefit was almost eliminated by WEP. Then when she applied for spousal benefits on my record (my benefit is significantly higher), we got a letter saying the Government Pension Offset prevented her from receiving benefits on my record. Now with these new GPO repeal changes, she qualifies for a much larger spousal benefit. But we're both over 75 now - what date will SSA use for her spousal benefit application? The original date when she was 62? When she tried to apply for spousal benefits? Or will she need to file a completely new application now? The difference in back pay could be substantial! Has anyone dealt with this specific situation? The SSA office gave us conflicting information.
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Nia Johnson
This is an excellent question about the WEP/GPO repeal implementation. The good news is that under the new law, if your wife previously filed for spousal benefits but was denied due to GPO, SSA should use her original application date for the spousal benefits. This is considered a "deemed filing" situation. Since she applied at 62 for her own benefits, and subsequently requested spousal benefits that were denied solely due to GPO, the effective date should be the date of that spousal application attempt. However, documentation is crucial here. Do you have copies of her original applications and the denial letter specifically mentioning GPO? Those will be essential when working with SSA on this.
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Luca Conti
•Thank you for that clear explanation! Yes, we have the denial letter that specifically mentions GPO as the reason she couldn't receive benefits on my record. We also have copies of her original application. So it sounds like we should be in good shape. Do we need to contact SSA proactively about this, or will they automatically review cases like ours when implementing the new law?
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CyberNinja
my wife is also a teacher with pension and we got hit with GPO too. been fighting this for YEARS!!!! so unfair to teachers who paid into the system just like everyone else but get punished for choosing public service career. we're waiting to see what happens with the repeal too but not holding our breath with the SSA's track record!! good luck!!
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Luca Conti
•I hear you! It's been incredibly frustrating. My wife taught for over 30 years and it never seemed fair that she lost benefits just because she chose education as her career. Hopefully the implementation of these changes goes smoothly, but I'm preparing for some bureaucratic battles.
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Mateo Lopez
I worked with Social Security for many years, and I can clarify this situation. The application date for spousal benefits under the GPO repeal should be the date of the original spousal benefit application that was denied due to GPO, not the date she filed for her own benefits at 62. Here's what to expect: 1. SSA will eventually review all cases affected by the GPO repeal 2. They will establish the original filing date as the effective date 3. Any applicable retroactive benefits will be calculated from that date, subject to any limitations in the law However, I strongly recommend you be proactive rather than waiting. The implementation of these changes will take time, and cases could fall through the cracks. Contact your local SSA office with your documentation and request a review based on the new legislation. Make sure to specifically reference the GPO repeal and your prior application history.
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Luca Conti
•This is extremely helpful information. I was wondering if we should be proactive or just wait. We'll definitely contact our local office with the documentation. Is there a specific form we should ask for when requesting this review? And approximately how long might it take for them to process this kind of request with the new legislation?
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Aisha Abdullah
I just went through something similar with my own GPO situation! The wait times to speak with someone at SSA were HORRIBLE - I spent 3 days trying to get through before giving up. Then I found this service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Saved me so much frustration! When I finally spoke with SSA, they confirmed they'll use my original application date when implementing the GPO repeal in my case. But definitely be prepared with all your documentation - the agent I spoke with needed every detail.
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CyberNinja
•thanks for this!! been trying to call SSA for weeks about our GPO situation too, will check this out cause i'm DONE with being on hold for hours just to get disconnected!!
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Ethan Davis
My sister had same issue, teacher for 40 years. She had to go in person to SSA office with all her paperwork. Took 3 visits but they fixed it eventually.
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Yuki Tanaka
I'm terribly worried about this too. Does anyone know if they'll automatically review ALL cases affected by the WEP/GPO repeal or only if we contact them? I'm afraid of falling through the cracks since I'm 82 and my husband is 85. We don't have all our paperwork anymore from our original applications because of downsizing when we moved to assisted living. What happens in cases like ours? Will they still have records of our original applications in their system??
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Mateo Lopez
•Yes, SSA maintains records of all applications. Don't worry about not having your paperwork. While having your copies is helpful, SSA has their own records of your application history in their system. They will be implementing a process to identify all individuals affected by the GPO repeal. However, I still recommend being proactive by contacting them directly rather than waiting, especially given your circumstances.
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Carmen Ortiz
The GPO repeal isn't actually complete yet - it's being phased in gradually over time, so don't expect to get the full spousal benefit right away. I think it's like only 1/3 of the offset is being removed at first. There's a lot of confusion about this because people hear "repeal" and think it's immediate and complete.
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Nia Johnson
•You're absolutely right about the phased implementation. The GPO reduction is occurring over several years: - 2025: Reduce GPO reduction by 1/3 - 2026: Reduce GPO reduction by 2/3 - 2027: Complete GPO repeal So the original poster won't see the full benefit immediately, but they should still move forward with establishing their claim based on the original application date to ensure they receive the appropriate phased-in benefits as they become available.
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CyberNinja
did u try filing for reconsideration after u got denied?? that mightve changed ur application date i think
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Luca Conti
•We did actually file a reconsideration after the initial denial, but it was also denied because the GPO rules were very clear at that time. I'm not sure if that reconsideration date would become the new application date or if they'd still use the original application. Either way, we have documentation of both.
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Nia Johnson
To follow up on my earlier comment, I want to clarify something important: The application date issue depends partly on whether your wife was technically denied spousal benefits or if she never formally applied because it was clear she wouldn't qualify due to GPO. If she formally applied and was denied (with documentation), then that application date should stand. If she never formally applied for spousal benefits because SSA representatives advised it wouldn't be worthwhile due to GPO, then you might need to establish a protective filing date. In this case, bring any documentation showing she inquired about spousal benefits, even if she didn't complete a formal application. For maximum back benefits, document every interaction you've had regarding spousal benefits over the years.
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Luca Conti
•That's an important distinction! She did formally apply for spousal benefits after starting her own benefits, and we have the official denial letter. The SSA representative initially told her not to bother, but we insisted on applying anyway just to have it on record. Sounds like that was the right move, even though it seemed pointless at the time.
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