Will I now qualify for spousal benefits after WEP elimination in Social Security Fairness Act?
I'm so confused about these new Social Security Fairness Act changes and could really use some help! I worked in retail management for 18 years paying into Social Security, then switched to teaching in Illinois where I didn't pay into SS for the next 22 years. When I retired in 2024 at 62, my SS benefit was cut down to only $625/month because of that stupid Windfall Elimination Provision (WEP). My husband also retired at 62 last year from his manufacturing job and gets $1,850/month from Social Security. With this new law getting rid of WEP, I know I'll finally get my full SS amount of around $1,125, but what I'm really wondering is - can I also get spousal benefits based on my husband's record since my benefit amount is so much lower than his? Would I get 50% of his benefit instead? The SSA website is so confusing on this topic!
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Ruby Knight
The Social Security Fairness Act elimination of WEP is great news for you! Yes, you'll now receive your full Social Security retirement benefit without the WEP reduction. However, regarding spousal benefits, there's a common misconception I need to clear up. When you're eligible for your own retirement benefit, you don't receive your own benefit PLUS 50% of your spouse's. Instead, Social Security pays the higher of either your own benefit or the spousal benefit (which is generally up to 50% of your spouse's full retirement age benefit). Since you claimed at 62, your spousal benefit would be reduced to about 35% of your husband's full retirement age amount (not his reduced benefit). If your husband also claimed early at 62, his full retirement age benefit would have been higher than $1,850. You should contact SSA directly to determine if the spousal benefit would be higher than your own newly restored benefit. They'll need to calculate this specifically for your situation.
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Nina Chan
•Thank you so much for explaining! So if I understand right, I won't get both benefits added together - just whichever is higher? That's disappointing but at least I'll be getting my full SS amount back. Do you think the spousal benefit might still be higher than my $1,125? And do I need to submit a new application for the spousal benefit or will SSA automatically figure this out when they adjust my payment for the WEP elimination?
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Diego Castillo
My husband had almost the same situation! He was a firefighter with a pension and got hit by WEP too. we dont know yet how much more we'll get every month but any increase helps with these crazy prices now! Call SSA right away!! thats what we did
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Nina Chan
•Thanks for the encouragement! Did you have any luck getting through to them by phone? I've been trying for days and either get disconnected or told the wait time is over 2 hours. So frustrating!
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Logan Stewart
I've been through this exact process and can offer some practical advice. First, regarding the WEP elimination - the SSA is currently working on implementing these changes, but it won't happen instantly. They have to recalculate millions of benefits. Regarding spousal benefits, here's how it actually works. Since you're entitled to your own benefit, you'll receive your own newly calculated amount (without WEP) OR up to 50% of your husband's Primary Insurance Amount (what he would get at full retirement age), whichever is HIGHER - not both. Since both you and your husband claimed at 62, both benefits are permanently reduced. Based on the numbers you provided, your WEP-adjusted benefit of $1,125 might actually be higher than the reduced spousal benefit you'd receive. To calculate: if your husband gets $1,850 at 62, his PIA (amount at full retirement age) would be approximately $2,470. 50% of that is $1,235, but claiming at 62 reduces it further to around $865. However, these are just rough estimates - SSA will need to do the exact calculation for you.
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Nina Chan
•This is incredibly helpful, thank you! I didn't realize the spousal benefit would be that much lower if I claimed early. Sounds like my own newly calculated benefit will probably be better. Do you know how long it typically takes for SSA to process these changes? Should I expect to wait months?
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Mikayla Brown
You got some TERRIBLE advice here! You absolutely CAN get both benefits!!!! My cousin's wife was in your exact situation and she gets BOTH her teacher pension AND her husband's Social Security. Don't listen to these people trying to confuse you!!!!
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Logan Stewart
•I think you're confusing two different things. Yes, you can receive both a non-covered pension (like teacher's retirement) AND Social Security benefits - that's true. But you cannot receive both your own full Social Security retirement benefit AND a full spousal benefit at the same time. That's not how the program works. The original poster was asking specifically about receiving both their own Social Security and spousal benefits, not about the pension.
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Sean Matthews
Went through something similar with my wife's WEP situation. Have you tried calling the SSA? I spent THREE DAYS trying to get through. Kept getting disconnected or wait times over 2 hours. Finally I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes! They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - I was super skeptical but desperate enough to try anything. The agent was able to run all the calculations and tell my wife exactly what her new benefit would be after WEP repeal and whether the spousal benefit would be better. Saved us so much stress and confusion.
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Nina Chan
•This sounds like exactly what I need! The thought of waiting on hold for hours just makes me want to give up. I'll check out that video - thanks for the recommendation!
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Ali Anderson
whats WEP? i get social security too but never heard of this
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Ruby Knight
•WEP stands for Windfall Elimination Provision. It was a rule that reduced Social Security benefits for people who earned pensions from jobs where they didn't pay into Social Security (like some teachers, police officers, and government employees) but also had other jobs where they did pay into Social Security. The Social Security Fairness Act recently eliminated this provision.
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Zadie Patel
The SSA is TOTALLY UNPREPARED for handling these WEP changes! I called FIVE TIMES and got FIVE DIFFERENT ANSWERS about how this affects my benefits. One rep told me I'd see changes in 2-3 months, another said it could take until 2027!!! Can you believe that??? They have NO SYSTEM for dealing with this and us public servants are ONCE AGAIN getting the runaround. Don't hold your breath waiting for them to figure this out!
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Nina Chan
•Oh no, that's really disheartening to hear. I was hoping this would be resolved quickly. It's so unfair to make us wait even longer after we've already been penalized for years!
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Diego Castillo
btw my sister-in-law is also a teacher in a non-SS state (texas) and she said the new fairness act also eliminates GPO (government pension offset) which is different from WEP. might want to look into that to see if it effects your situation too
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Logan Stewart
•That's incorrect information. The recently passed Social Security Fairness Act only eliminated the Windfall Elimination Provision (WEP). The Government Pension Offset (GPO), which affects spousal and survivor benefits for those with government pensions, was NOT eliminated by this legislation. There were previous versions of the bill that included both, but the final passed version only addressed WEP. This is why it's important to get information directly from SSA or reliable sources.
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Nina Chan
Thank you all for the helpful responses! I've learned so much. I'm going to try that Claimyr service to talk with SSA directly about my specific situation. It sounds like I'll definitely benefit from the WEP elimination but I probably won't get additional spousal benefits since my own revised benefit will likely be higher than the reduced spousal amount. I appreciate everyone taking time to explain all this - it's so much clearer now!
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Ruby Knight
•You're welcome! That sounds like a good plan. When you do speak with SSA, make sure to ask them for a breakdown of both calculations (your revised benefit without WEP and what your spousal benefit would be) so you understand exactly what you're entitled to. And just a tip - try to call early in the morning right when they open for shorter wait times, even with the service.
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