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Social Security widow benefits for teachers affected by WEP/GPO - new law changes?

I'm trying to help my mom figure out if she's eligible for my late father's Social Security benefits under some new law changes I've heard about. She was a teacher for 30+ years and receives her state pension. She was married to my dad for 17 years (they divorced in the 90s), she never remarried, and he passed away about 3 years ago at age 83. I've read something about recent changes to the Government Pension Offset (GPO) that might allow teachers to now collect ex-spouse or widow benefits even if they're getting a teacher's pension? When my mom went to the Social Security office last week, the representative told her they "don't have any policy about this" and basically dismissed her. Has anyone successfully navigated this situation recently? Are there specific forms or documentation we need to bring? Any advice would be appreciated because she could really use the additional income, and I'm tired of watching the SSA give her the runaround.

Dmitry Petrov

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You're referring to the GPO (Government Pension Offset) and WEP (Windfall Elimination Provision) changes that were part of the Social Security Fairness Act. It's been proposed multiple times but hasn't actually passed yet. There are versions that would phase out or eliminate these provisions, but nothing has been signed into law. Your mom might still be eligible for survivor benefits as an ex-spouse, but they'll likely be reduced by two-thirds of her teacher's pension under the current GPO rules. Have her request an appointment specifically to discuss "survivor benefits as a divorced spouse" and bring her marriage certificate, divorce decree, and proof of your father's death.

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StormChaser

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Thank you for clarifying! That explains why the SSA rep seemed confused. I was so sure something had changed based on what I read online. Do you know if there's any progress on this legislation? My mom's pension isn't very large (about $2,100/month), so even a partial survivor benefit would help.

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Ava Williams

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my mom went thru similar thing last yr, teacher for 35 yrs. the WEP/GPO still in effect no matter what u heard. SSA website has calculator to figure out how much is left after 2/3 reduction. in my moms case was only $117/mo left from my dads benefit so hardly worth the trouble but she takes it

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StormChaser

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Thanks for sharing your mom's experience. $117 isn't much but it's something! Do you remember what documentation your mom needed to provide? Did she have to make multiple trips to the SSA office?

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Miguel Castro

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I heard about that bill too! My cousin who works at a school was talking about it. So frustrating that they keep promising to fix this unfair rule but never actually do it. Good luck with your mom's situation!

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Zainab Ibrahim

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There's a lot of confusion about this topic. The Social Security Fairness Act has been introduced in Congress several times but hasn't passed yet. The latest version (H.R. 82) has substantial support but isn't law. In the meantime, your mother may still be eligible for some benefits. As a divorced spouse who was married for over 10 years, she can potentially claim on your father's record. The GPO will reduce her survivor benefits by 2/3 of her pension amount, but if your father's benefit was substantial, she might still get something. Ex: If she would be eligible for a $1,500 monthly survivor benefit based on your father's record, and her teacher's pension is $2,100/month, the GPO reduction would be $1,400 (2/3 of $2,100), leaving her with $100/month in survivor benefits ($1,500 - $1,400). I recommend calling SSA directly rather than visiting an office. The phone wait times are terrible, but I used a service called Claimyr (claimyr.com) that got me connected to an agent in under 5 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Much better than dealing with confused in-person reps who might not be familiar with these complex provisions.

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StormChaser

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Thank you for the detailed explanation and calculation example. That really helps me understand how it works. I'll check out that Claimyr service - waiting on hold for hours with SSA sounds awful. I'll help my mom gather all her documents and try the phone approach instead.

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Miguel Castro

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I used that Claimyr thing too for my disability question! WAY better than sitting on hold all day.

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Connor O'Neill

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The information others have shared is correct. There is no new law yet, though there have been multiple legislative attempts. The Social Security Fairness Act (H.R. 82) has strong bipartisan support but hasn't been enacted. Your mother's situation falls under these rules: 1. As an ex-spouse married for over 10 years, she qualifies for survivor benefits based on your father's record. 2. Her teacher's pension will trigger the Government Pension Offset (GPO), which reduces Social Security benefits by 2/3 of her pension amount. 3. She should specifically request a "survivor benefit computation as a divorced spouse" when contacting SSA. Required documentation includes: - Marriage certificate - Divorce decree - Your father's death certificate - Her pension award letter - Your father's Social Security number I recommend she request this in writing and keep copies of everything. Ask for a formal determination letter rather than accepting a verbal "no policy" response.

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StormChaser

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Thank you for the detailed documentation list! This is exactly what we needed. I'll make sure my mom has everything ready before she contacts them again. I appreciate everyone's help clarifying this situation!

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LunarEclipse

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My situation was different but I also got the run around from SSA about my benefits. Went to 3 different offices and got 3 different answers!!! The system is BROKEN and they don't train their staff properly. Unbelievable how they treat seniors who worked their whole lives!! Your poor mom shouldn't have to fight for what she deserves.

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Yara Khalil

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Same experience here. I think some of the frontline staff don't understand the more complex rules around GPO/WEP. I finally had to ask specifically for a "Technical Expert" who knew the correct answers. Don't give up after talking to just one person at SSA.

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Ava Williams

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btw when my mom applied she needed marriage certificate divorce papers death certificate and proof of her pension amount. took like 3 months to process everything

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Connor O'Neill

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One additional point worth mentioning: If your mother is getting misinformation at her local office, she can request to speak with a Technical Expert who specializes in survivor benefits and the GPO. Not all SSA representatives are equally familiar with these provisions. Also, remind her that even if she's only eligible for a small monthly amount after the GPO reduction, it's still worth applying. These benefits include annual cost-of-living adjustments (COLAs), which can add up over time.

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StormChaser

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Thank you for the tip about asking for a Technical Expert! I'll make sure she does that. And you're right - even a small benefit is worth getting, especially with the COLAs over time.

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