WEP/GPO repeal impact on my reduced SS benefits - Can I get spousal benefits now?
After 20+ years working for the county health department, I retired in 2023 at age 68. My SS benefits took a massive hit because of WEP - started claiming at FRA (67) in 2022 while still working and got $1,200 monthly, but after retirement it got slashed to $540 because of my government pension ($3,100/month). With Medicare premiums, I'm only seeing about $400 in actual SS payments. Here's where I'm confused - I've been hearing about this WEP/GPO repeal, and I don't know if it helps someone in my situation. My husband collected maximum SS benefits (around $3,800 monthly) before he passed away last year. When I asked about survivor benefits, they told me GPO made me ineligible since I have my own pension. With this new legislation: 1) Can I now apply for survivor benefits based on my late husband's record? 2) How would I even start this process? Do I need to call SSA or can I do this online? I tried to find clear answers on ssa.gov but got completely lost in the technical language. Has anyone else in a similar situation figured this out yet?
20 comments
Natalie Adams
I'm sorry to hear about your situation and the loss of your husband. There's a lot of confusion about the WEP/GPO repeal right now, so let me clarify a few things. First, while there has been legislation proposed to repeal WEP and GPO, it has NOT actually been passed into law yet. Several bills have been introduced in Congress (like the Social Security Fairness Act), but none have made it all the way through both houses and been signed by the President. Since the repeal hasn't happened, the WEP reduction to your own benefits and the GPO reduction to potential survivor benefits are still in effect. Under current rules, your survivor benefits would be reduced by 2/3 of your government pension amount. That said, you should absolutely still apply for survivor benefits! Even with the GPO reduction, you might still be eligible for some amount, especially since your husband's benefit was substantial. To start the process, call SSA directly at 1-800-772-1213 to schedule an appointment. The survivor benefit application cannot be completed entirely online.
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Jordan Walker
•Thank you for clearing that up. I was so confused because a friend told me it had already passed! That's disappointing to hear it's still just proposed legislation. Can I ask - how would they calculate my survivor benefit with GPO? If my husband's benefit was $3,800 and my pension is $3,100, would I even get anything after they take 2/3 of my pension amount away from the survivor benefit?
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Elijah O'Reilly
waitttt i thought they already repealed wep/gpo?? my cousin who also has a teacher pension told me it was gonna change this year??? im so confused now
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Amara Torres
•Nope, not repealed yet. It keeps getting PROPOSED but never passes. Politicians love to talk about it during election years to get our hopes up, but nothing ever changes. I've been following this issue for 15+ years since my teacher pension is affected by the same garbage rules. Don't hold your breath waiting for Congress to actually do something helpful for public servants.
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Olivia Van-Cleve
To answer your question more specifically about the calculation: If your husband's benefit was $3,800 and your pension is $3,100, the GPO would reduce your potential survivor benefit by 2/3 of $3,100, which is approximately $2,067. So the calculation would be: $3,800 (your husband's benefit) - $2,067 (GPO reduction) = $1,733 Since $1,733 is higher than your current reduced benefit of $540, you would likely qualify for a survivor benefit even with the GPO reduction. That's why it's definitely worth applying! Also worth noting: when you apply for survivor benefits, make sure to bring documentation about your pension to the appointment. They'll need proof of the exact amount to calculate the GPO reduction correctly.
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Jordan Walker
•Oh my goodness - so I could potentially get over $1,700 instead of $540? That would make a HUGE difference in my monthly budget. I had no idea I might still qualify with GPO. Thank you so much for explaining the math!
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Mason Kaczka
ive spent 3 WEEKS trying to get someone on the phone at social security just to ask about my widows benefits!!!!! keep getting disconnected or waiting for 2+ hours and having to hang up for other appointments. its RIDICULOUS!!!!
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Sophia Russo
•I had the same terrible experience trying to get through to SSA about my disability benefits. After wasting days getting disconnected, I found a service called Claimyr that got me connected to a real SSA agent in under 20 minutes. Saved me so much frustration! You can see how it works at https://youtu.be/Z-BRbJw3puU or check out their website claimyr.com With something as important as widow's benefits, it's worth getting through to a real person who can answer your specific questions. The automated system is absolutely useless for complicated situations.
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Evelyn Xu
my brother in law works for social security and he said they're overwhelmed with questions about wep/gpo because of all the news coverage about the possible repeal. he said call right when they open in the morning for best chance of getting through.
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Jordan Walker
•That's helpful advice - I'll try calling right at opening time tomorrow. Does your brother-in-law know if there's a specific department or extension I should ask for when calling about survivor benefits with WEP/GPO complications? I'm afraid of getting bounced around between departments.
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Mason Kaczka
Has anyone had success scheduling an in-person appointment? I'd rather discuss this face-to-face than over the phone where they might rush you.
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Natalie Adams
•In-person appointments are available but they're often booked out 2-3 weeks in advance. You can request one through the main SSA number (1-800-772-1213) or by contacting your local office directly. For complicated cases involving WEP/GPO and survivor benefits, I do recommend in-person if possible since these are complex calculations that often require looking at specific documentation together. Bring ALL your documentation to the appointment: death certificate, marriage certificate, proof of your pension amount, your own and your husband's Social Security statements, and government-issued ID.
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Amara Torres
I HATE the GPO with a burning passion!! Worked 31 years as a public school teacher, paid into my pension INSTEAD OF social security because we had no choice, and now I can't get my husband's SS even though he paid in his ENTIRE life. It's THEFT plain and simple. Government taking money we DESERVE just because we chose public service careers. WRITE TO YOUR CONGRESS PEOPLE!!! The only way this changes is if we make enough noise about it!
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Elijah O'Reilly
•totally agree!! my mom was a nurse at county hospital for 25 years and gets almost nothing from dad's social security because of gpo even though he was an engineer who paid max ss taxes for 40+ years! makes no sense!!
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Sophia Russo
To the original poster - another important thing to know is that if you do qualify for survivor benefits (which based on the numbers shared above, you likely will), you should ask specifically about retroactive benefits during your appointment. You may be eligible to receive benefits backdated to shortly after your husband passed away, which could result in a significant one-time payment. One more tip: When you call SSA, be sure to clearly state that you're calling about "survivor benefits with GPO considerations" right away so they route you to someone familiar with these complex rules. Not all representatives are equally knowledgeable about the WEP/GPO provisions.
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Jordan Walker
•Thank you for mentioning retroactive benefits! My husband passed away about 9 months ago. Would I potentially be eligible for 9 months of back payments if I apply now? That would be incredible. And I appreciate the tip about how to phrase my request when calling - that makes a lot of sense.
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Evelyn Xu
i heard there's a special exception to GPO if you were receiving half of your spouse's social security benefit before you started getting your pension? does that apply to your situation?
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Olivia Van-Cleve
•You're thinking of a very specific exception, but it likely wouldn't apply here. The exception you're referring to is for people who were eligible for spouse/widow(er) benefits before April 1, 2004, AND were receiving a government pension before July 1, 2004. Based on the original poster's timeline (retired in 2023), this exception wouldn't apply. There are a few other narrow exceptions to GPO, but they're rare - like if you have 30+ years of substantial earnings under Social Security in ADDITION to your government pension, or if you paid into both Social Security and your government pension simultaneously for the same job before 1983.
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Elijah O'Reilly
wait so if you get survivor benefits do you still get your own ss payment too or just the higher one?
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Natalie Adams
•You only receive the higher of the two benefits, not both combined. If your survivor benefit (after any GPO reduction) is higher than your own retirement benefit (after any WEP reduction), you'll receive the survivor benefit amount. If your own benefit is higher, you'll keep receiving that. In the original poster's case, based on the numbers shared, the GPO-reduced survivor benefit would likely be higher than her WEP-reduced retirement benefit, so she would switch to receiving the survivor benefit instead.
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