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Social Security survivor benefits with WEP and teacher pension - eligible now?

I'm trying to figure out if I can get survivor benefits now. My husband passed away 3 years ago and was collecting Social Security before he died. When I applied for survivor benefits back then, I was told I couldn't get anything because of WEP (Windfall Elimination Provision) since I receive a teacher's pension of $4,200 monthly from a non-Social Security covered job. The SSA rep said something about GPO (Government Pension Offset) eliminating any survivor benefits I might qualify for. Has anything changed with these rules recently? I'm turning 67 next month and wondering if I need to reapply or if I might be eligible now even with my pension? I've heard conflicting things from friends about whether age matters with GPO/WEP rules. Do I need to go through the whole application process again?

Clarissa Flair

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Unfortunately, the Government Pension Offset (GPO) rule likely still applies to your situation. GPO reduces survivor benefits by two-thirds of your government pension amount. With a $4,200 monthly pension, the offset would be approximately $2,800, which would be subtracted from any survivor benefit you might be entitled to. If your potential survivor benefit is less than this amount, you'd receive nothing. Your age (turning 67) doesn't change how GPO works. The offset applies regardless of your age. The WEP affects your own Social Security benefits based on your own work record, while GPO affects benefits you might receive from your husband's record. However, it might still be worth contacting SSA to verify. Sometimes pension amounts change, or there might be other factors specific to your situation that could affect eligibility.

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Eve Freeman

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Thank you for explaining this. So frustrating that I paid into the system for 10 years before becoming a teacher and still get penalized! So if my husband's benefit was around $2,100 when he died, and 2/3 of my pension is $2,800, I'd still get nothing as a survivor benefit? Is there ANY way around this rule?

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Caden Turner

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my mom had the same thing happen!!!! she was a teacher for 35 years and when my dad died she got NOTHING from his ss benefits even though he paid in his whole life. its a total scam if you ask me

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Eve Freeman

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It feels so unfair, doesn't it? Did your mom ever find any solution or just had to accept it?

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McKenzie Shade

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I went through EXACTLY this with my late husband's benefits! The GPO (Government Pension Offset) is still very much in effect and turning 67 won't change anything. The rule states that your survivor benefit will be reduced by TWO-THIRDS of your government pension. So if your teacher pension is $4,200/month, they'll deduct $2,800 from whatever survivor benefit you would have received. If your survivor benefit would be less than $2,800, you get NOTHING. It's INFURIATING and unfair to those of us who worked in public service!!! There have been attempts to repeal GPO in Congress (look up "Social Security Fairness Act") but nothing has passed yet.

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Harmony Love

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This is correct. The GPO specifically affects spouses and survivors of government employees who weren't covered by Social Security. The only way around it would be if Congress passes legislation to change it, which hasn't happened despite multiple attempts.

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Rudy Cenizo

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I've tried calling the SSA about a similar issue for weeks - constant busy signals or disconnections after hours on hold. If you decide to apply again, save yourself the headache and try using Claimyr (claimyr.com). They got me through to a real person at SSA in under 20 minutes after I'd been trying for days. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU

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Eve Freeman

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Thank you for this suggestion! I was dreading spending hours on the phone again. Will definitely check this out. Did you find the SSA rep helpful once you got through?

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Natalie Khan

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Hey there, I think your talking about the Government Pension Offset (GPO) not WEP. WEP affects your own benifits, GPO affects spouse/widow benefits. Either way it's all a mess and unfair to teachers!!! You should double-check with SS office directly but don't get your hopes up 😞

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Clarissa Flair

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You're absolutely right about the distinction between GPO and WEP. The Government Pension Offset (GPO) is what affects survivor benefits when someone receives a pension from non-covered employment. WEP (Windfall Elimination Provision) would affect her own retirement benefits if she had enough Social Security covered work history.

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Harmony Love

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There are a few exceptions to the GPO rule that might be worth looking into: 1. If you paid into Social Security for 30+ years alongside your government job (unlikely for most teachers) 2. If your pension is from government work where you WERE paying Social Security taxes (some states have changed their pension systems) 3. If you were eligible for your government pension before December 1982 and meet certain other requirements It would be worth scheduling an appointment with SSA to review your specific situation and confirm whether the GPO still applies to you. Sometimes individual circumstances can affect eligibility in ways that aren't obvious. Also, check if your potential survivor benefit would exceed the two-thirds offset from your pension. With a $4,200 pension, the offset would be about $2,800, so if your husband's benefit was significantly higher than that, you might still receive a partial payment.

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Eve Freeman

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Thank you for listing these exceptions. I definitely don't qualify for the first two, but I'll double check about the timing requirements. I started teaching in 1988 so probably too late. My husband's benefit was only about $2,100 so it looks like I'm still out of luck with the offset.

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Daryl Bright

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I'm going through something similar right now and it's SO confusing! I've been reading about this for hours and still don't understand why they penalize teachers so much. We already get reduced benefits under WEP for our own work, and then they take away spouse benefits too?? What happens if your pension ever gets reduced? Do they recalculate the GPO? I'm following this thread to learn more.

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McKenzie Shade

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YES! If your pension amount decreases, you can request that SSA recalculate the offset! This is important for people whose pensions might change. The GPO is always 2/3 of your CURRENT pension amount, not what it was when you first applied. Document everything and contact SSA immediately if your pension decreases.

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Caden Turner

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i thought they were trying to fix this with that fairness act thing? did that ever pass??

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Clarissa Flair

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The Social Security Fairness Act, which would repeal both WEP and GPO, has been introduced in multiple sessions of Congress but has not passed yet. The most recent version (H.R. 82) gained significant co-sponsors but still hasn't been enacted into law. You can check congress.gov for the latest status or contact your representatives to show support.

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Natalie Khan

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You might want to still apply anyway because there's no harm in trying. My aunt was in a similar situation and they initially denied her but then she found out that some of her husband's benefits were based on a different calculation and she ended up getting a small amount monthly. Every case is different!

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Harmony Love

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This is good advice. It's always worth applying to get an official determination. The calculations can be complex, and sometimes people are surprised to find they qualify for some benefit amount. At minimum, you'll get an official decision letter explaining your specific situation.

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