Will I now qualify for spousal benefits after WEP elimination in Social Security Fairness Act?

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.

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

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.

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!!!!

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.

whats WEP? i get social security too but never heard of this

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!

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

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!

Just wanted to add one more important point that might help you - make sure to keep detailed records of all your communications with SSA about this WEP elimination. Screenshot any online account changes, keep notes from phone calls (date, time, representative name if possible), and save any letters they send you. With so many people affected by this change, there's bound to be some processing errors or delays, and having good documentation will help if you need to follow up or dispute anything later. Also, once your benefit does get adjusted, double-check your Social Security Statement online to make sure the new amount is correct. Good luck with everything!

Nina, I'm in a very similar situation as a retired teacher from Ohio who was hit by WEP! Just wanted to share what I learned when I finally got through to SSA last week. The representative confirmed that with WEP elimination, I'll get my full calculated benefit, but she also explained something important about spousal benefits that might apply to you too. Even if your own benefit ends up being higher than the spousal benefit, you should still file for spousal benefits because SSA needs to have that application on record. They call it "filing for all benefits you're entitled to." The system will automatically pay you the higher amount, but if you don't have the spousal application on file, you could miss out if circumstances change later (like if your husband passes away and you become eligible for survivor benefits). It's just a safety net thing, but worth doing. The whole process took about 30 minutes once I finally got connected. Hope this helps!

As someone who's been helping folks navigate Social Security issues for years, I wanted to jump in with some additional perspective on your situation. The Social Security Fairness Act is indeed a game-changer for those affected by WEP, and you're right to be excited about getting your full benefit back! One thing I haven't seen mentioned yet is that when SSA processes your WEP elimination, they should also provide you with retroactive payments back to when the law took effect. This could mean a nice lump sum payment in addition to your increased monthly benefit. Regarding the spousal benefit question - while others have correctly explained that you get the higher of the two (not both), there's one scenario worth considering. If your husband were to pass away first, you'd potentially be eligible for survivor benefits based on his record, which could be up to 100% of his benefit amount. So even if the spousal benefit isn't helpful now, having that application on file (as Ellie mentioned) creates a paper trail that could be valuable later. Also, don't forget that once your WEP is eliminated, your benefit will continue to grow with cost-of-living adjustments just like any other Social Security benefit. After years of reduced payments, you're finally getting the full protection you earned!

I'm also a teacher who got hit by WEP, and I just wanted to add something that might be helpful for your timeline expectations. When I called SSA last month about the WEP elimination, the representative told me that they're processing these changes in batches based on when people originally filed for benefits. Since you retired in 2024, you might be in one of the earlier processing groups, which could mean you see your adjustment sooner rather than later. Also, regarding the spousal benefit calculation - I learned that even though you claimed at 62, if you do end up applying for spousal benefits, they base it on your husband's Primary Insurance Amount (what he would have gotten at full retirement age), not his reduced amount. So the calculation might be more favorable than you think. One practical tip: when you do get through to SSA, ask them to mail you a written summary of what they discussed with you. Having that documentation has been incredibly helpful for me when I've had follow-up questions. The whole WEP situation has been such a long journey, but it's finally looking up for all of us who were affected!

Hi Nina! I'm also dealing with WEP elimination as a former government employee, and I wanted to share something that might help with your phone call strategy. Instead of calling the main 1-800 number, try calling your local SSA office directly. I found the wait times were much shorter - sometimes only 10-15 minutes compared to hours on the main line. You can find your local office phone number on the SSA website by entering your zip code. Also, regarding your spousal benefit question, I learned something interesting when I spoke with them. Even though you'll likely get the higher of the two benefits (not both), it's still worth applying for spousal benefits because if your circumstances change in the future - like if you become eligible for divorced spouse benefits or survivor benefits - having that spousal application already on file can make the process much smoother. One more tip: when you do get through, ask them to run both calculations for you over the phone so you know exactly what to expect. They can tell you your new WEP-free benefit amount and what your spousal benefit would be, so you'll have concrete numbers to work with. Good luck!

Nina, I'm a retired federal employee who went through the WEP elimination process earlier this year, and I wanted to share a few additional insights that might help you. First, regarding the timeline - my WEP adjustment took about 6 weeks from when I first contacted SSA to when I saw the increased payment in my account. Since you retired recently in 2024, you're likely in a priority group for processing. Second, about the spousal benefits - there's one detail that hasn't been mentioned yet. Even if your own benefit ends up being higher, you should still consider the "deemed filing" rules. When you apply for spousal benefits, SSA will automatically consider you to be applying for all benefits you're entitled to, and they'll pay you the highest amount. But having this on record is crucial for potential future survivor benefits, which could be significantly higher than what you're receiving now. Also, a practical tip: when you do connect with SSA, ask them about your "bend points" in the benefit formula. With WEP eliminated, your benefit calculation will use the standard formula instead of the modified one, which could result in an even larger increase than you're expecting. The whole process was much smoother than I anticipated once I got through to them. You're going to be so relieved when you see that first full payment come through!

Nina, I'm a newcomer here but I've been following this thread because I'm in a very similar situation as a retired teacher from Pennsylvania. I just wanted to say how incredibly helpful this entire discussion has been - I've learned more about WEP elimination and spousal benefits from reading these responses than from hours of trying to navigate the SSA website on my own! I'm particularly grateful for all the practical tips people have shared, like calling local SSA offices instead of the main number, asking for written summaries of phone calls, and the information about Claimyr for getting through to representatives faster. As someone who's also been struggling with reduced benefits due to WEP, it's so encouraging to hear from people who have actually successfully navigated this process. One question I have after reading everything - for those of you who have already spoken with SSA about the WEP elimination, did they give you any sense of how the retroactive payments will be handled? Will it be one lump sum or spread out over several months? I'm trying to plan my finances accordingly and would love to know what to expect. Thank you all for creating such a supportive and informative community for those of us dealing with these complex Social Security issues!

Hi Nina! As another newcomer to this community, I wanted to chime in because I'm dealing with a very similar WEP situation as a retired school administrator from Michigan. Like you, I had split career - 15 years in private sector paying into SS, then 20 years in education without SS contributions, and my benefit was slashed when I retired last year. Reading through all these responses has been incredibly eye-opening! I had no idea about some of the nuances around spousal benefits and the "deemed filing" concept that several people mentioned. The tip about calling local SSA offices instead of the main number is pure gold - I've been banging my head against the wall trying to get through on that 1-800 number. One thing I wanted to add from my own research is that I found it helpful to create a timeline of all my employment history before calling SSA. Having exact dates of when I worked in SS-covered vs non-covered positions made the conversation much more productive when I finally did get through to someone. They were able to pull up my records quickly and explain exactly how my benefit would be recalculated. It's so encouraging to see this supportive community of people who've been through or are going through the same frustrating process. After feeling like we were being unfairly penalized for years, it's amazing to finally have some light at the end of the tunnel with this WEP elimination!

As a newcomer to this community, I wanted to jump in because I'm also navigating the WEP elimination as a retired public employee from California. I worked 12 years for the county government (no SS contributions) and 16 years in private consulting (with SS contributions), so I completely understand the frustration of having your benefits reduced through no fault of your own. Nina, based on everything I've read in this thread, it sounds like you're on the right track! The advice about calling local SSA offices has been a game-changer for me - I got through in just 20 minutes last week versus the hours-long waits on the main number. One thing I learned that might help you is to ask SSA for your complete earnings record when you call. Sometimes there are discrepancies or missing quarters that can affect your benefit calculation, and getting those corrected as part of the WEP elimination process can result in an even bigger increase than expected. Also, regarding the spousal benefit question - even though it sounds like your own restored benefit will likely be higher, I'd still recommend filing for spousal benefits as others have suggested. The SSA rep I spoke with emphasized that having all potential benefit applications on file is crucial for future eligibility determinations, especially for survivor benefits down the road. It's so encouraging to see this supportive community of people who understand exactly what we've been going through. After years of feeling like we were being unfairly punished for public service, it's incredible to finally see some justice with this legislation!

As a newcomer to this community, I wanted to share my experience as someone currently going through the WEP elimination process. I'm a retired postal worker from Florida who had a similar split career - 14 years in private sector retail before joining USPS where I didn't pay into Social Security for 25 years. My benefit was reduced to about $580/month due to WEP when I retired last year. Nina, reading through all these responses has been incredibly helpful! I just got off the phone with my local SSA office yesterday (thanks to everyone who mentioned calling local offices instead of the main number - that tip saved me hours of waiting). The representative was able to walk me through exactly how my benefit will be recalculated and confirmed I should see the adjustment within the next 4-6 weeks. One additional piece of advice I'd offer: when you do speak with SSA, ask them to explain the difference between your current "modified" benefit calculation under WEP versus what your "standard" calculation will be once WEP is eliminated. Understanding this helped me realize my increase might be even larger than I initially expected - potentially closer to $400/month rather than the $300 I was anticipating. It's such a relief to finally see justice for all of us who chose public service careers and were penalized for it. This community has been invaluable for navigating this complex process - thank you all for sharing your experiences and practical tips!

As a newcomer to this community, I wanted to share my perspective as someone currently navigating the WEP elimination process. I'm a retired firefighter from Texas who had 8 years in private construction before joining the fire department where I didn't pay into Social Security for 28 years. My benefit was cut to just $720/month when I retired in 2023 due to WEP. Nina, this entire thread has been incredibly informative! I've been struggling to understand how the spousal benefit calculations work, and the explanations here have cleared up so much confusion. The key insight that you receive the HIGHER of either your own benefit OR the spousal benefit (not both combined) was something I completely misunderstood. Based on everyone's experiences shared here, I'm planning to call my local SSA office next week using the tips mentioned - especially preparing that employment timeline and asking for both the modified WEP calculation and standard calculation comparison. One thing I wanted to add for anyone else reading this: I found it helpful to screenshot my current Social Security statement from my online account before calling, so I have my exact current benefit amount and can track any changes once the adjustment goes through. It's amazing to finally connect with a community of people who understand exactly what we've been going through with these unfair WEP reductions. After decades of public service, we're finally getting the benefits we actually earned!

As a newcomer to this community, I wanted to reach out because I'm in a very similar situation as a retired librarian from Oregon. I worked 10 years in private sector bookkeeping before switching to public library work for 22 years where I didn't contribute to Social Security. My benefit was reduced to just $495/month due to WEP when I retired in early 2024. Nina, reading through all these responses has been incredibly eye-opening! I had no idea about so many of the details around spousal benefits and the "deemed filing" concept that multiple people have explained. The practical advice shared here - especially about calling local SSA offices instead of fighting the main number - is exactly what I needed to hear. I'm particularly grateful for the tips about preparing an employment timeline and asking SSA to explain both the modified WEP calculation versus the standard calculation. It sounds like being organized with all these details upfront can make the conversation much more productive. Like many others have said, it's such a relief to finally connect with people who understand what we've been going through. After feeling penalized for choosing a career in public service, this WEP elimination feels like we're finally getting the fairness we deserve. I'm planning to call my local SSA office next week with all the great strategies I've learned from this thread. Thank you all for creating such a supportive and informative community!

Welcome to the community, Zane! As another newcomer who's been learning so much from this thread, I completely understand your situation as a fellow public servant. It's incredible how many of us have similar stories - split careers between private and public sector work, only to be penalized by WEP for our years of public service. I'm also planning to call my local SSA office next week after reading all the fantastic advice here. The tip about preparing that employment timeline beforehand seems crucial, and I love the idea of asking them to walk through both calculation methods so we can really understand the difference WEP elimination will make. Your benefit reduction to $495/month is heartbreaking - it really shows how dramatically WEP affected those of us in public service. But it sounds like we're all about to see some significant increases once these adjustments go through. The stories from people who've already successfully contacted SSA are so encouraging! It's amazing how this one thread has become such a valuable resource for navigating this complex process. Between the practical tips and the emotional support of connecting with others who truly understand what we've experienced, I feel so much more prepared and optimistic about moving forward. Good luck with your call next week - I hope you get the clarity and timeline you need!