Social Security survivor benefits confusion - denied because my benefit 'too high' but WEP/GPO changing

First, I'm very sorry for your loss. Let me try to help clarify what's happening here.When your own benefit amount is higher than what you would receive as a survivor, the SSA will pay you your own benefit rather than the survivor benefit. This is standard procedure regardless of WEP/GPO.However, with the WEP/GPO changes from the Social Security Fairness Act that Congress passed, there is a phase-out period starting in 2025. If your own benefit was reduced due to WEP/GPO and that reduction was what made you ineligible for survivor benefits, then yes, you might become eligible as the reduction phases out.The SSA should automatically recalculate your benefits as the provisions phase out, but it never hurts to follow up. I recommend calling the SSA directly to verify they have you in the system for recalculation and to get an estimate of what your new benefit might be.

Thank you so much for the clear explanation! I worked as a teacher for 22 years in a state that didn't participate in Social Security, so WEP definitely affected my benefits. I think that's why they denied the survivor benefits.Do you know if there's a particular department I should ask for when I call? The wait times are so frustrating, and I always seem to get different answers depending on who I talk to.

My mom went thru the same thing when my dad died last yr. they told her she couldn't get his SS cause hers was more. but then like 5 months later they sent her a letter saying she WAS eligible for some extra $$ from his benefit after all!!! She had to do nothing, it just came. I think they just do it automatically when the laws change. Did you get anything in writing from them???

That's reassuring to hear about your mom's experience! Yes, I did receive a letter, but it was very confusing. It stated I was eligible for survivor benefits, but then went on to say I couldn't receive them because my own benefit was higher. That's what's throwing me off - if I'm not eligible, why send a letter saying I am? The whole thing seems contradictory.

THE SSA IS COMPLETELY INCOMPETENT!!!! I've been fighting with them for TWO YEARS on my WEP reduction. Don't wait for them to

While I understand the frustration, this is actually a standard procedure not an error. When someone's own benefit is higher than their potential survivor benefit, they receive whichever is higher, not both. The letter OP received is a standard notification explaining this calculation.However, you're right that being proactive is good advice. With the WEP/GPO changes, it's worth following up to ensure the recalculations happen correctly when the phase-out begins in 2025.

To give you some concrete steps:1. Call SSA at 1-800-772-1213 and specifically ask about how the WEP/GPO phase-out will affect your survivor benefit eligibility2. Request a written explanation of your current benefit calculation showing how they determined your own benefit was higher3. Ask them to provide an estimate of what your benefit might be after the phase-out begins4. If possible, schedule an appointment at your local office where they can review your specific situationOne important thing to understand: if you were affected by WEP, the phase-out starts in 2025, with the reduction decreasing by 20% each year until fully eliminated. This means you might become eligible for partial survivor benefits gradually over the next five years, not all at once.

This is extremely helpful, thank you! I'll definitely call and ask for that written explanation of my benefit calculation. I'm still confused about why they would send a letter saying I'm eligible for survivor benefits only to deny them in the same letter. Is that just their standard procedure?

I had this exact same issue! After my wife passed in 2022, I got denied survivor benefits because I already get CSRS pension and my own SS benefits. But I just got a letter last month saying with the new law changes I might qualify starting in 2025. Did your letter mention anything about the new law?

No, my letter didn't mention anything about the new law - it was from mid-2023, well before the changes were passed. That's very interesting that you received a notification about potentially qualifying in 2025. Maybe I should be expecting something similar soon? I'll definitely keep an eye out for any communications from SSA.

I've been dealing with SSA phone lines for months trying to get my disability application sorted out. After countless dropped calls and hours on hold, I finally tried Claimyr (claimyr.com) and got through to an agent in under 15 minutes! They have a video showing how it works at https://youtu.be/Z-BRbJw3puUFor your situation, I'd definitely recommend calling to speak with someone directly since the WEP/GPO changes are fairly new and complicated. It's worth the time to get a clear answer about how this affects your survivor benefits specifically.

Thank you for the suggestion! I've never heard of this service before. The thought of sitting on hold for hours again is so daunting, especially when dealing with something as complex as these WEP/GPO changes. I'll check out that video and see if it might help me get through faster.

Just to clarify some misconceptions I'm seeing in this thread: Survivor benefits and your own retirement benefits are two separate things. The rule is simply that you get the HIGHER of the two, not both added together.The letter you received was letting you know that:1. You qualified for survivor benefits (meaning you met all eligibility requirements)2. But since your own benefit was higher, that's what you'll continue to receiveWith the WEP/GPO phase-out starting in 2025, SSA will recalculate benefits for affected individuals. If your own benefit increases due to reduced WEP penalties, you'll get that higher amount. If your potential survivor benefit becomes higher than your own benefit, they should switch you to that.The SSA should do this automatically, but given how overwhelmed they are with implementing these changes, it wouldn't hurt to follow up.

wait so your saying she cant get BOTH her own SS and her husbands??? thats crazy! my aunt gets both hers and her husbands checks every month!

To address the confusion in the comments: No, you cannot receive both your own full retirement benefit AND a full survivor benefit simultaneously. Your aunt is likely receiving her own benefit plus a partial survivor benefit if her husband's benefit was higher than hers, or she might be receiving other benefits you're not aware of.The maximum you can receive is the higher of the two benefits. If your husband's benefit was $2,000 and yours is $1,800, you would receive your $1,800 plus an additional $200 to bring you up to the higher amount.Regarding the WEP/GPO changes - if your own benefit was reduced due to WEP, it might increase as the WEP penalty phases out. If your husband's benefit was affected by GPO (Government Pension Offset), your survivor benefits might be less reduced as GPO phases out.Either way, the SSA should recalculate automatically, but I strongly recommend calling to confirm they have you in the system for this recalculation.

This is such a clear explanation! I think I understand now. My own SS benefit was reduced by WEP because of my teacher's pension from a non-covered state. As WEP phases out, my own benefit should increase. But if my husband's benefit (which would be my survivor benefit) ends up being higher than my newly calculated benefit, then I'd get switched to that instead.I'll definitely call SSA to confirm they have me in their system for recalculation. Thank you so much for taking the time to explain!

Just calling isn't enough!!! GET EVERYTHING IN WRITING! The SSA reps will tell you whatever they think you want to hear just to get you off the phone. I was told 3 different things by 3 different people about my WEP situation. Only when I demanded written documentation did I finally get the truth!!

While documentation is important, most SSA phone representatives are genuinely trying to help with accurate information. The confusion often comes from the complexity of these rules, especially with the WEP/GPO changes being so new.A good approach is to take notes during your call (date, time, representative's name if possible), then follow up with a written request for confirmation of what was discussed. This creates documentation while acknowledging that most representatives are doing their best with complex policies.

hey did u ever try going to the actual SSA office in person? sometimes thats easier than the phone stuff, my mom got way better help when she went in person

I haven't tried going in person yet, but that's a great suggestion. The office is about 40 minutes away, so it's not too bad. I've just been avoiding it because I heard the wait times can be long even with an appointment. But it might be worth it to get this sorted out face-to-face with someone who can look at all my documentation at once.