Social Security survivor benefits after GPO repeal - will I get my ex-husband's full benefit even though he was on SSDI?
I'm really confused about what survivor benefits I'm entitled to now that the GPO might be repealed. I'm 66 and finally visited SSA last week after avoiding them for years. Back when I was 62, I went to ask about survivor benefits from my ex-husband who passed away at 59. The agent basically laughed me out of the office saying I'd get nothing because of my teacher's pension (GPO) and didn't even bother putting anything in the system. Now with this potential GPO repeal, I made another appointment. This agent was much nicer and signed me up to receive the reduced amount (with GPO still applied). She also backdated it 6 months since I'm past my FRA. I brought all my documentation showing I have my own 40 quarters from jobs before teaching, plus my ex-husband's death certificate and our marriage records (we were married 12 years). Here's what's confusing me - my ex was receiving SSDI when he died. The agent told me that once Biden signs the GPO repeal bill, I'll get 100% of what he would have received at full retirement age, not the SSDI amount he was actually getting. Everything I've read says survivors only get what the deceased was actually receiving. I specifically asked about this, and she insisted I'd get his full retirement amount, not his SSDI amount. I already got a call saying my application was approved, but I'm worried I'll end up with an overpayment later. Does anyone know which is correct? Will I get what he would have received at full retirement age, or just his actual SSDI payment amount?
16 comments
Christian Burns
This is a complicated situation with several moving parts. First, regarding SSDI vs. full retirement benefits: If your ex-husband was receiving SSDI when he died, that doesn't limit your survivor benefit. As a widow/surviving divorced spouse, you're entitled to what would have been his full retirement benefit at FRA, not just what he was receiving on SSDI. However, the timing on the GPO repeal is critical. The Senate has passed it, but the House still needs to vote and then it needs presidential signature. Even after that, SSA will need time to implement the changes - likely several months minimum. The agent was correct to sign you up now with the reduced GPO amount. That establishes your entitlement and the 6-month retroactivity. Once GPO is repealed (if it happens), you should automatically get the increase, but it's good to stay in contact with SSA during this transition.
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Jenna Sloan
•Thank you so much for explaining! I was so confused because everything I read made it sound like I'd only get whatever he was getting when he died. So even though he died before reaching FRA, I'd still get what would have been his full benefit? That's a relief if true.
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Sasha Reese
I went through something similar with my late husband's benefits and the GPO. The SSA rep you had this time is correct - survivor benefits are based on what the deceased would have received at FRA, not what they were actually getting on SSDI. Remember though, if you're collecting before your own FRA, your survivor benefit would be reduced. But since you're past your FRA, you should get the full amount once the GPO is repealed. One tip - if you're having trouble getting through to SSA by phone (which I always did), I found a service called Claimyr (claimyr.com) that got me connected to an agent in about 15 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it for checking on your application status during this transition period.
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Muhammad Hobbs
•Does that Claimyr thing actually work? I've been trying to get thru to SS for 3 weeks about my disability claim and keep getting disconnected!
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Noland Curtis
I see some confusion here that needs clarification. There are actually TWO separate issues in your question: 1. SSDI vs. FRA benefit amount: When someone dies before their FRA while receiving SSDI, survivor benefits are based on their Primary Insurance Amount (PIA), which is essentially what they would have received at FRA. So the SSA rep was correct on this point. 2. GPO impact: The Government Pension Offset currently reduces your survivor benefits by 2/3 of your government pension amount. If the GPO repeal passes all legislative hurdles and is signed into law, this offset would be eliminated. However, I must caution that the GPO repeal is not yet law. The Senate has passed it as part of the SECURE 2.0 Act, but it still needs House approval and presidential signature. Even after signing, SSA typically needs months to implement such significant changes. So while your application is properly filed, the timing of when you'll receive the full benefit remains uncertain.
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Jenna Sloan
•Thank you for the detailed explanation! I think I got confused because I kept seeing articles saying survivors only get what the deceased was actually receiving. So his SSDI payment would have been his PIA amount anyway? And yes, I know the repeal isn't final yet, but my pension is so much larger than my SS that even if it doesn't pass, I'm still glad to be getting something now.
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Diez Ellis
THEY TOLD ME THE SAME THING ABOUT GPO AND THEN I FOUND OUT YEARS LATER I COULDVE BEEN GETTING BENEFITS THE WHOLE TIME!!! Don't trust what one SSA person tells you. half of them dont know their own rules! I wouldnt count on the GPO repeal either, they've been trying to do that for YEARS and it never happens. The government doesnt care about us.
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Vanessa Figueroa
•I agree, it's best to be cautious about the GPO repeal. They've been trying to get rid of it since I can remember, and I've been retired for almost 10 years now. I'll believe it when I see it!
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Abby Marshall
I just wanted to add that if your ex-husband was 57 when he passed away and was receiving SSDI benefits, then yes, the survivor benefit would be based on his Primary Insurance Amount (PIA), which is essentially what he would have received at his full retirement age. The fact that he was receiving SSDI doesn't reduce what you're entitled to as a survivor. But I'm confused about one thing - you said you're almost 70, which means you're well past your full retirement age. Why did you wait so long to apply? You may have lost out on some benefits, as retroactivity for survivor benefits can go back 12 months in some cases. Did the agent explain why they only went back 6 months?
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Jenna Sloan
•I waited because the first agent I spoke with years ago told me I wouldn't get anything because of GPO, and I was so upset I never went back. I didn't know I could get even a reduced amount. The current agent said 6 months was the maximum they could go back for me, but didn't explain why. Should I have gotten more?
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Muhammad Hobbs
wait so r u saying if someone dies before retirement age the survivor gets full benefit? my husband died at 58 and SSA told me i only get what he was getting on disability not what he would have got at retirement age. now i'm confused
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Christian Burns
•When someone dies while receiving SSDI, survivors receive benefits based on the deceased's Primary Insurance Amount (PIA), which is essentially what they would have received at full retirement age. So yes, you should be receiving benefits based on what would have been his full retirement benefit, not a reduced SSDI amount. I'd recommend contacting SSA to verify your benefit calculation is correct.
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Vanessa Figueroa
I think everyone's making this too complicated lol. Here's the simple version: if he was on SSDI when he died, that's the same amount as full retirement. SSDI payments aren't reduced like early retirement is. So you'd get that full amount after GPO repeal (if it happens). But honestly don't get your hopes up about the repeal, they've been promising that forever.
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Jenna Sloan
•Thanks for putting it simply! So SSDI is the same as what he would've gotten at full retirement age? That makes sense. And yeah, I'm not counting on the repeal, but it would be nice!
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Diez Ellis
Has anyone heard when the House will vote on the GPO repeal? My pension from teaching for 31 years is eating almost ALL of my late husband's SS benefit and I'm struggling to make ends meet!!
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Noland Curtis
•The House schedule isn't certain yet. The Senate passed it as part of the Social Security Fairness Act, but there's still significant legislative process ahead. I'd recommend following the National Association of Retired Federal Employees (NARFE) website as they post regular updates on the progress of the GPO/WEP repeal efforts.
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