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Will I get Social Security survivor benefits at 70 after WEP/GPO reduced them to $0 years ago?

I'm turning 70 next month and trying to figure out if I qualify for survivor benefits now. My situation: My husband passed away in 2015 from cancer at age 59. He had applied for SSDI when he got diagnosed but died before any payments started. I was 59 at the time and working as a county employee under a pension system (not covered by Social Security). When I initially applied for survivor benefits back then, I got that dreaded GPO reduction letter saying my pension completely offset any survivor benefits, so I'd receive $0. Now I'm retiring from my job and wondering if I'm eligible to receive survivor benefits at 70? Would they calculate based on what his benefit would have been in 2015 when he filed for SSDI? Or would they recalculate based on what he would have received at his FRA? And does the Government Pension Offset still apply the same way now that I'm turning 70? The SSA website is so confusing on this topic!

Diego Vargas

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The Government Pension Offset (GPO) will still apply regardless of your age. It reduces your survivor benefits by 2/3 of your government pension amount. If your pension is still large enough to completely offset your survivor benefit, you'd still receive $0 unfortunately. However, if your pension has changed or if there have been COLA increases to your husband's calculated benefit, it might be worth checking with SSA again.

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Chloe Anderson

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Thank you for explaining. My pension is about $4,800/month so I guess that means they'd still reduce my survivor benefit by about $3,200? I think my husband's benefit would have been around $2,200 so that means I'd still get nothing? This GPO rule seems so unfair to those of us who worked in public service.

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CosmicCruiser

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my neighbor had same thing happen but she got a small check anyway. have u actually gone in and applied again? sometimes they make mistakes in the calculation. worth checking.

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Chloe Anderson

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I haven't tried reapplying yet. I've just been trying to understand if anything would be different now that I'm approaching 70. Maybe I should just go ahead and try again? The worst they can say is no, right?

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The Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) are ABSOLUTELY CRIMINAL! My father worked 42 YEARS paying into Social Security AND was a firefighter with a pension. When he retired, they slashed his SS benefit by almost 60%!!! And this is how our government treats public servants?? The system is RIGGED against those who dedicated their lives to public service. There's legislation to repeal these unfair provisions, but Congress never does anything about it!!!

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Sean Doyle

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I think you're confusing WEP and GPO. WEP reduces your own benefits if you have a pension from non-covered work. GPO reduces spousal or survivor benefits. Both can hurt, but they're different provisions.

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Zara Rashid

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While your survivor benefits will still be subject to GPO, there are a few things to consider: 1. Your husband's SSDI application: If it was approved posthumously, you might be entitled to a lump sum death payment and possibly some retroactive benefits. 2. Recalculation at FRA: The benefit amount would be calculated based on what your husband would have received at his full retirement age, including all COLAs since 2015. 3. Changes to your pension: If your pension amount changes upon full retirement, it could affect the GPO calculation. I'd recommend contacting SSA directly to get a current calculation. You might still receive $0, but it's worth checking if the numbers have changed enough to provide some benefit.

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Chloe Anderson

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Thank you for this detailed information. I'm not sure if his SSDI was ever officially approved since he died during the application process. I should look into that. And you're right about checking if all the COLAs since 2015 might have changed the calculation enough to matter.

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Luca Romano

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I hate to be the bearer of bad news, but GPO is still gonna apply. My wife went thru this exact same thing. Teacher for 35 years, tried to claim on my record when I started getting SSDI, and got zippo because of her TRS pension.

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Chloe Anderson

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It's so frustrating, isn't it? Did your wife ever try reapplying later, or was it just permanently $0?

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Nia Jackson

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Have you tried calling Social Security directly to ask about your specific situation? I spent WEEKS trying to get through on their 800 number and always got disconnected or had to wait for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in under 10 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. The agent I spoke with was really helpful and explained exactly how my benefits were calculated and what I could expect. Sometimes talking directly to an agent is the only way to get clear answers for complicated situations like yours.

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Chloe Anderson

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Thanks for the tip! I've had the same experience with the 800 number - it's practically impossible to get through. I'll check out that service. At this point, I just need definitive answers about my situation.

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Diego Vargas

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One more thing to consider - if you worked long enough in Social Security-covered employment (40 quarters/10 years), you might be eligible for your own Social Security retirement benefit. Even with WEP reduction, it's worth checking if your own benefit might be higher than the GPO-reduced survivor benefit. Some people with government pensions also have enough quarters from other jobs to qualify for their own benefit.

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Chloe Anderson

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I only worked about 7 years in Social Security-covered jobs before switching to the county position, so I don't think I have enough quarters. But that's a good point to consider for others in similar situations.

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CosmicCruiser

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u should definitely reapply anyway. my aunt got denied three times for disability but kept trying and finally got approved. sometimes u just get a different person reviewing ur case.

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Zara Rashid

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While persistence can help with disability claims that involve subjective evaluation, GPO calculations are unfortunately very straightforward math. If 2/3 of the pension exceeds the survivor benefit amount, the result will be $0. That said, it never hurts to verify the calculation is correct, especially with COLA adjustments over time.

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Chloe Anderson

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Thank you everyone for your helpful responses. I'm going to make an appointment with my local Social Security office to review my specific situation. I'll also try that Claimyr service to speak with someone by phone before my appointment so I'm better prepared. It sounds like I might still get $0 due to GPO, but at least I'll know for sure and can check if they're calculating everything correctly. I'll update this thread after I speak with them in case it helps others in my situation!

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