Social Security survivor benefits backpay + WEP adjustment - conflicting information from SSA reps?
I'm in my late 60s and widowed last year. Finally worked up the courage to apply for survivor benefits in January and had my phone appointment with SSA last month. During that call, I specifically asked about retroactive benefits since I know I was eligible 6+ months before I applied. The rep told me I'd receive 6 months of survivor benefits backpay AND that my Windfall Elimination Provision (WEP) adjustment would give me 12 months of additional backpay for my own retirement benefits. This seemed too good to be true, so I've been researching and now I'm confused whether this is correct. Does anyone know if you can really get both types of backpay? I have another phone appointment next week and want to make sure I ask the right questions. My pension is from 22 years of teaching in Ohio where I didn't pay into Social Security, if that matters. Any insight from those who've dealt with both survivor benefits and WEP would be so helpful!
16 comments


StarSurfer
The SSA rep might have given you partially correct information, but there are important distinctions here. When it comes to survivor benefits, yes, you can get up to 6 months of retroactive benefits before your application date. However, the WEP situation is more complex. WEP reduces your own retirement benefit because of your non-covered pension, but when you switch to survivor benefits, a different rule called GPO (Government Pension Offset) might apply instead. GPO can reduce survivor benefits by 2/3 of your pension amount. What might be happening is an adjustment to your own retirement benefits because of a WEP recalculation, while also starting your survivor benefits. But receiving 12 months of WEP "backpay" sounds unusual unless there was a calculation error they're fixing. Make sure to ask these specific questions in your next appointment: 1. Will my survivor benefits be affected by GPO? 2. Is the WEP adjustment separate from my survivor benefits? 3. Can you explain why I'm eligible for 12 months of WEP adjustment? 4. Will receiving survivor benefits affect my own retirement benefit in any way?
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Dmitry Petrov
•Thank you so much for this detailed response! I didn't even think about GPO - the rep never mentioned that at all. My pension is about $3,400/month, so if GPO reduces my survivor benefits by 2/3 of that... oh no, that's going to be a significant reduction, isn't it? I'm definitely going to ask all these questions at my next appointment. I'm starting to wonder if the rep I spoke with was new or something because it does seem like she might have confused some things. I appreciate you laying it out so clearly!
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Ava Martinez
My husband passed 2 yrs ago went thru same thing. the backpay on survivors was correct but wep stuff was all messed up. they had to recalculate 3 times!!! make sure u get everything in writing dont just trust what they say on phone. good luck
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Miguel Castro
I deal with these exact issues as my husband was a firefighter with a non-covered pension, and I also have survivor benefits from my first husband. The information you received sounds unusual to me. WEP adjustments don't typically result in 12 months of backpay unless there was a prior miscalculation they're correcting. WEP reduces your own retirement benefits because of your non-covered pension, but it doesn't typically generate backpay. More importantly, since you're applying for survivor benefits with a non-covered pension, you're almost certainly subject to the Government Pension Offset (GPO). This will reduce your survivor benefit by 2/3 of your pension amount. For example, if your teacher's pension is $3,000/month, your survivor benefits would be reduced by $2,000/month. I strongly recommend getting clarification during your next call. Ask specifically about GPO and how it will affect your survivor benefits. Documentation is critical - request that they mail you a detailed explanation of any calculations.
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Zainab Abdulrahman
•This is exactly right! Don't forget to ask them to document EVERYTHING. I've had SSA reps tell me completely different things on different calls. The last rep I talked to about my husband's disability claim said "well whoever told you that was wrong" about something a previous rep had assured me was correct. So frustrating!!!!
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Connor Byrne
I went through something similar and was told I'd get 6 months back pay then when I actually got my award letter it was only 4 months because of some rule about when I reached FRA that the first rep didn't mention. They might be giving you incorrect information about the WEP adjustment too. In my experience different reps tell you different things. Good luck with your next appointment!
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Yara Elias
Having dealt with both survivor benefits and WEP/GPO issues extensively, I can share what's likely happening in your situation. First, the 6 months survivor benefits backpay is correct. SSA limits retroactivity to 6 months for survivor claims. As for the "12 months WEP backpay" - this sounds like one of two things: 1. If you were already receiving your own retirement benefit that was reduced by WEP, and they're now doing a recalculation that results in a higher payment, they might issue retroactive payments for the correction. 2. More likely: The representative confused terminology. When you begin receiving survivor benefits, they'll compare your own retirement benefit (reduced by WEP) to your survivor benefit (potentially reduced by GPO). You'll receive the higher of the two amounts, not both. For your next call, I highly recommend: - Asking specifically about GPO and how it affects your survivor benefit - Requesting a detailed breakdown of both your WEP-reduced retirement benefit and your GPO-reduced survivor benefit - Getting clarification on exactly what the "12 months WEP backpay" refers to Finally, consider having someone document this conversation. SSA phone waits are notoriously long right now, and you want to make sure all your questions get answered accurately.
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Dmitry Petrov
•This makes so much sense! I think you're right about the rep confusing terminology. I was already receiving my own retirement benefit (reduced by WEP), and maybe they're doing some kind of recalculation. I'm definitely going to ask for a detailed breakdown of how both WEP and GPO affect my benefits. And documenting the conversation is a great idea, but how do I do that? Should I just take extensive notes or is there some way to get an official record of what's discussed?
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QuantumQuasar
From what you've described, I'm nearly certain you've encountered a common misunderstanding when dealing with WEP, GPO, and survivor benefits. Let me try to clarify what might actually be happening: 1) Yes, you can get up to 6 months of retroactive survivor benefits. That part is correct. 2) The "12 months WEP backpay" is almost certainly a misunderstanding. WEP itself doesn't generate backpay unless there was an incorrect calculation previously. What might be happening is an adjustment to your benefits because of the interaction between your own retirement benefit (affected by WEP) and your survivor benefit (potentially affected by GPO). 3) Since you have a non-covered pension from Ohio teaching, the Government Pension Offset (GPO) will likely reduce your survivor benefits by 2/3 of your pension amount. 4) You will receive either your own retirement benefit (reduced by WEP) OR your survivor benefit (reduced by GPO), whichever is higher - not both. Before your next call, write down all your questions. Phone appointments with SSA can be stressful, and it's easy to forget important points. Also, be aware that you might need to educate the representative if they seem unfamiliar with the WEP/GPO rules, as these are some of the most complex parts of Social Security.
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Dmitry Petrov
•Thank you for such a clear explanation! I definitely think there was a misunderstanding about the WEP backpay. I'll prepare a list of questions before my next call. One more thing - if my teacher's pension is around $3,400/month and GPO reduces my survivor benefit by 2/3 of that (about $2,267), does that mean if my late husband's benefit would have been $3,000, I'd only get about $733 as a survivor benefit? That's a huge reduction if I'm understanding correctly.
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Keisha Jackson
my cousin had same prob with wep gpo stuff for her teacher pension. she kept getting different answers from ssa people each time shed call. FINALLY she used some service called Claimyr to get through to someone higher up at ssa who actually knew what they were talking about. im pretty sure the website was claimyr.com... she showed me a video about how it works here: https://youtu.be/Z-BRbJw3puU. saved her hours of frustration and she finally got a consistent answer about her wep and survivor stuff. might help in your case too since you need real answers not more confusion!
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Dmitry Petrov
•Thanks for sharing this! I've been trying to call SSA for days and can't get through to anyone who seems to fully understand my situation. I'll check out that service and video. At this point, I'm willing to try anything that might help me get clear answers about how WEP and GPO will affect my benefits.
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Zainab Abdulrahman
Just be careful what they tell you!! My mom was told she would get 6 months backpay for survivors benefits after my dad died and then they only gave her 4 months because of some rule about when her birthday was! The SSA people say different things all the time and then you get surprised when the actual money comes. DOCUMENT EVERYTHING!!!
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StarSurfer
Your calculation is correct. If your teacher's pension is $3,400/month, then 2/3 of that is about $2,267. If your late husband's benefit would have been $3,000, then after applying GPO, your survivor benefit would be approximately $733 ($3,000 - $2,267). This is why GPO can be so devastating for those with non-covered pensions. Many people are shocked when they realize how much it reduces their survivor benefits. However, you'll still receive your own retirement benefit if it's higher than the GPO-reduced survivor benefit. You don't lose both - you'll get the higher of the two. For your next call, I suggest asking for a PEBES (Personal Earnings and Benefit Estimate Statement) and a detailed written explanation of how both WEP and GPO affect your specific situation. This documentation will be invaluable for your records and for understanding exactly what benefits you'll receive.
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Dmitry Petrov
•Thank you for confirming my calculation. It is devastating to learn about this reduction - I had no idea it would be this significant. I'll definitely ask for the PEBES and a written explanation during my next call. One more question - does applying for survivor benefits at my age (past FRA) affect the WEP reduction on my own retirement benefits at all? Or are those calculations completely separate?
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Miguel Castro
To answer your question about WEP and survivor benefits: The two calculations are separate, but related in terms of what you ultimately receive. Applying for survivor benefits doesn't directly change the WEP reduction on your own retirement benefit. WEP only applies to benefits based on your own earnings record. However, when you apply for survivor benefits, SSA will determine which is higher: your WEP-reduced retirement benefit OR your GPO-reduced survivor benefit. You'll receive the higher amount, not both. This process might be what the representative was referring to when mentioning adjustments, as they need to recalculate and compare both benefits. Regarding documenting your conversation: While SSA calls aren't officially recorded for your access, I recommend: 1. Taking detailed notes during the call 2. Asking for the representative's name and ID number 3. Requesting all information be sent to you in writing 4. Following up with a written summary to your local SSA office The most important thing is getting a formal, written explanation of your benefits calculation that shows exactly how WEP and GPO are being applied in your case.
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