Will I lose retroactive Social Security survivor benefits from Jan 2024 if I never formally applied after WEP/GPO discussion?
I lost my wife back in 2020 and at that time I was told I wouldn't qualify for survivor benefits because my firefighter pension was too high due to WEP/GPO. During my SSA office visit, the agent looked at her computer and we both kind of laughed about me getting 'zero' because of my pension. The thing is, I don't think I ever completed an actual application for survivor benefits or received a formal denial letter. Same thing happened when I went in for Medicare enrollment - just a quick conversation about not qualifying.I have an appointment coming up next week to discuss my benefits, and I'm suddenly worried - if I was technically eligible for SOMETHING (even a small amount) after my wife passed, would I lose out on any retroactive benefits from January 2024 because I never formally applied? I'm not even sure if I'm entitled to anything at all with my $5,800 monthly pension, but now I'm wondering if I made a mistake by not filing paperwork. Anyone know if an informal discussion counts as an 'application' in SSA's eyes?
20 comments


Emma Davis
This is actually a really important distinction. A casual conversation where you were told you don't qualify is NOT the same as formally applying and receiving a denial. The SSA needs official applications to make official determinations. If you never actually completed an application, then technically you haven't been denied.If you are eligible for any survivor benefits (even a small amount reduced by WEP/GPO), you could potentially receive up to 6 months of retroactive benefits from your application date, but only if you're beyond full retirement age. If you're under FRA, there's no retroactivity for survivor benefits.I would definitely bring this up at your appointment and specifically ask to file a formal application for survivor benefits. Make sure they document everything properly.
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Javier Hernandez
Thanks for the clarity! I am past my FRA (turned 67 last November). So it sounds like I should definitely file an official application at my appointment even if there's a chance I'll be denied? I just don't want to miss out on anything I might be entitled to because of a paperwork issue.
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LunarLegend
When my husband died in 2019 I went through something similar!!! The SSA person looked at my teacher's pension and said I wouldn't get anything because of GPO (government pension offset). But they STILL made me fill out all the paperwork and I got an official denial letter about 3 weeks later.It sounds like they just skipped that step with you which seems wrong??? I would definitely ask about this at your appointment. AND make sure you get things in writing this time!
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Malik Jackson
Yeah exactly this. I got skipped over for disability because the person at the front desk said I wouldn't qualify. Turns out they were wrong and I lost like 8 months of backpay because I trusted what they said instead of insisting on filing. Always get the official decision!!!!
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Isabella Oliveira
SSA employee here. You absolutely need to file a formal application to receive a formal determination. Conversations with SSA staff are informational only - they're not official determinations of eligibility.Regarding WEP/GPO: While your firefighter pension will reduce survivor benefits, it doesn't necessarily eliminate them completely. The reduction depends on several factors:1. Your wife's Primary Insurance Amount (PIA)2. Your full retirement age benefit amount 3. The exact amount of your government pensionGPO typically reduces survivor benefits by 2/3 of your pension amount, but if your wife had a high earning record, you might still be eligible for some amount.At your appointment, specifically request to file for survivor benefits and ask for a formal determination. If approved, you can potentially receive retroactive benefits for up to 6 months (assuming you're beyond FRA).
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Ravi Patel
This GPO thing is so maddening!!!! Why should firefighters, teachers and other public servants get PUNISHED for their pensions? My sister lost out on $1200/month in spousal benefits because she taught for 30 years. Meanwhile my brother-in-law gets full benefits plus his corporate pension. The whole system is completely unfair to public servants.
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Freya Andersen
i know right?? my mom was a teacher for 35 yrs and lost almost all her ss benefits because of this stupid rule. she paid into ss from summer jobs her whole life too but barely gets anything from it. makes no sense
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Omar Zaki
Hey, have you considered using Claimyr to reach SSA by phone? I was in a similar situation with pension offset questions and couldn't get through to anybody. Claimyr helped me connect with an actual agent in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Helped me sort out a similar benefits question without waiting weeks for an in-person appointment.
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Javier Hernandez
Thanks for the suggestion. I already have my in-person appointment scheduled for next week, but I might check that out if I need to follow up on anything afterward. Getting through on the phone has been impossible lately.
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Freya Andersen
did your wife work enough quarters to qualify for ss? cuz if she didnt have 40 credits then there wouldnt be any benefits for you to claim anyway. my uncle thought he could get his wifes benefits but turns out she was mostly a stay at home mom and only had like 32 credits or something
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Javier Hernandez
Yes, she worked for over 35 years as a nurse, so she definitely had enough credits. She was actually still working when she passed away unexpectedly. My question is more about whether I missed out on potential benefits because I never formally applied back in 2020.
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Ravi Patel
The SSA rep who told you that you weren't eligible without even processing an application was LAZY and possibly WRONG! I've seen this happen so many times. They look at your info, make a snap judgment, and don't want to do the paperwork. ALWAYS INSIST on filing an application and getting an official determination.I fought with them for MONTHS about my husband's benefits after he passed. The first person told me I wouldn't get anything because of my pension. I insisted on applying anyway and guess what? I ended up getting $267/month despite my pension! Not huge but it's MY MONEY that I would have lost if I listened to that first person!!!Don't let them brush you off at this appointment!
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Emma Davis
This is good advice about insisting on a formal application, but let's clarify that the SSA rep might not have been lazy - they might have been trying to save the person time if it seemed obvious they wouldn't qualify. But you're right that only a formal application and determination can give the definitive answer about eligibility.
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Ravi Patel
Maybe not lazy but definitely not doing their FULL JOB. Part of their responsibility is processing applications, not just giving verbal opinions! These benefits can mean thousands of dollars over someone's lifetime!
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Emma Davis
Just to add another important point: If you do end up being eligible for survivor benefits (even after GPO reduction), filing an application now could potentially make you eligible for benefits going forward, even if you can only get limited retroactivity.Since you're already past your FRA, you should be eligible for the maximum survivor benefit (subject to GPO reduction). The calculation is complex because of your pension, but it's definitely worth formally applying and getting an official determination. Bring any documents related to your pension and your wife's work history to your appointment to help the process along.
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Javier Hernandez
I appreciate that perspective. Even if I can only get benefits going forward rather than the full retroactive amount back to when she passed, that would still be better than nothing. I'll definitely bring my pension statements and her SSA information to the appointment. Thank you!
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Malik Jackson
my mom went thru this when my dad died. the lady at ssa told her shed get nothing cause of her pension but mom insisted on filing anyway. turned out she got like $340 a month! not huge but its something. definitely file!!
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LunarLegend
This is EXACTLY why everyone should always file a formal application!!! Too many SSA workers make assumptions without actually running the numbers. I've heard so many stories like this where people almost missed out on benefits because someone told them not to bother applying.
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Isabella Oliveira
One more thing you should know: The fact that you didn't file earlier may actually work in your favor regarding retroactivity. Since you never received a formal denial, you could potentially argue that misinformation from an SSA employee prevented you from filing. This is called \
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Javier Hernandez
This is incredibly helpful information I had no idea about. I'll definitely bring up the misinformation form and ask about establishing a protective filing date from my 2020 visit. I remember it was in March 2020, right before the pandemic shut everything down. I imagine that might have contributed to the rushed service. Thank you so much for this suggestion!
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