Social Security survivor benefits with WEP/GPO confusion - husband's police pension

I'm so sorry for your loss. You're dealing with the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) - they're extremely complicated. The GPO can reduce or eliminate Social Security survivor benefits for people who receive pensions from work where they didn't pay SS taxes. As a MA police officer, your husband likely had a non-covered pension.However, there are some exceptions. If your husband had 30+ years of substantial earnings under Social Security before police work, or if you qualify for benefits based on your own work record, you might still get something. You should apply regardless of what you were told on the phone - make an appointment and bring proof of his SS-covered work history.

Thank you so much. I haven't been able to think clearly. I'm not sure how many years he worked under Social Security before joining the police force - maybe 12-15 years? Would that be enough? I did work and have some Social Security credits of my own, but not enough quarters for retirement yet (I'm 58). What documents should I bring to prove his work history?

Same thing happened to my sister when her husband died (firefighter with pension). She got NOTHING from his Social Security because of GPO - it's a terrible rule that punishes public servants! You should check if you're eligible for a portion of his police pension though. In Mass, surviving spouses often get 50-75% of the pension continuing. Contact his department's pension administrator ASAP. Did you apply for the one-time $255 death benefit from Social Security? You should get at least that.

I'm getting 60% of his pension, which helps but it's still a big drop in household income. I did apply for the $255 death benefit but was denied because they said his ex-wife was entitled to it as she was married to him longer than 10 years. Everything just feels so unfair right now.

That's WRONG about the $255! His ex-wife is NOT entitled to the lump-sum death benefit - that goes to the current spouse who was living with him when he died. Call SSA back and speak to someone different. And bring his death certificate and your marriage certificate when you go.

omg these rules are so confusing! my dad had a similar situation but with teachers pension. have you tried the SSA calculator on their website? it might help estimate what you could get.

I tried using the calculator but got completely confused with all the questions about substantial earnings and offset amounts. My brain just isn't working well right now with all the grief.

After spending TWO MONTHS trying to get correct information from Social Security about my wife's widow benefits (she had a federal pension), I finally got someone knowledgeable on the phone by using Claimyr. Go to claimyr.com - they connect you with a live agent at Social Security without the usual 2+ hour wait. Totally worth it because the agent I spoke with actually understood the WEP/GPO rules and helped us figure out exactly what my wife was eligible for. There's a video that shows how it works: https://youtu.be/Z-BRbJw3puU

Is that service legitimate? I've never heard of it and I'm always worried about scams these days, especially with SS benefits.

Yes it's legitimate. They don't access your SS info at all - they just connect you directly to the actual SSA phone line but save you the wait time. My sister-in-law who works for an elder services nonprofit actually recommended it to me.

I had a REALLY similar situation when my husband died back in 2023. He was a retired firefighter in Michigan with a pension. I fought for MONTHS with Social Security. Here's what I learned:1) The GPO reduces spousal/survivor benefits by 2/3 of your government pension amount. So if his pension is large enough, it could wipe out any survivor benefits2) BUT - if he worked 30+ years and paid into Social Security with

This is so helpful! I know he doesn't have 30 years paying into SS, but I didn't know about the 2/3 reduction formula. That gives me something specific to ask about. Did you have to provide all his old W-2 forms? I'm not sure I can find records going back that far.

The SSA should have his earnings record on file already! Ask for his complete earnings record when you go in. And definitely get help from a benefits counselor - check your local Council on Aging, they often have specialists who understand the GPO/WEP rules better than some SSA employees.

My heart goes out to you. This is so much to deal with all at once. I think Mass has special programs for widows that might help. Try contacting MA Executive Office of Elder Affairs at 1-800-243-4636. They have benefits counselors who specialize in cases like yours and can help sort through options. Also, don't forget to apply for SNAP benefits if your income has dropped - many widows qualify but don't realize it.

Thank you for the suggestion. I'll call that number tomorrow. I've been so focused on Social Security that I haven't even thought about other programs that might help.

This whole system is RIDICULOUS!!! My mom went through exact same thing - 40 years my dad paid into SS and she got ZERO when he died because he had 15 years as a govt employee at the end. The GPO rule is nothing but stealing from widows!!!! Call your congressperson and complain!!!

There have actually been several bills introduced to reform or repeal the WEP/GPO provisions over the years, but none have passed yet. The Social Security Fairness Act is the current bill that would repeal these provisions. Contacting representatives to support this legislation is definitely worthwhile.

Do you know if your husband qualified for Social Security on his own record before becoming a police officer? The WEP reduces his own benefit, but if he had 40 quarters (10 years) of substantial earnings under Social Security, he would have qualified for some retirement benefits despite the reduction. And if he qualified for his own benefit, you might be eligible for survivor benefits (though reduced by GPO). This distinction is important and something to specifically ask about.

He worked about 12-15 years in private sector jobs before becoming a police officer, so that sounds like he might have qualified on his own. I'll definitely ask about this specifically - thank you for this information!

Make sure to apply for survivor benefits even if you're told you don't qualify. Get the denial in writing, because sometimes the rules change or are interpreted differently upon review. My cousin was initially denied but then received benefits after an appeal - the first SSA rep didn't correctly calculate the GPO reduction. Also, apply for that $255 death benefit immediately - as the current spouse who was living with him at time of death, that should go to you regardless of what his ex-wife received from his life insurance.

I'm going to make an appointment tomorrow to apply formally. You're right that I need to get an official determination rather than just going by what someone told me on the phone. Thank you for the encouragement.