Will SS Fairness Act help ex-spouse of teacher with WEP get higher benefits despite deemed filing?
I need help understanding the potential impact of the Social Security Fairness Act for a unique client situation. She's 73, a retired teacher with a non-SS pension, but also earned enough Social Security credits (12 years of work) to receive her own WEP-reduced benefit of about $580/month. She was married 14 years before divorcing and never remarried. Her ex-spouse's benefit would provide her approximately $1,250/month, but due to GPO, she's currently receiving only her own reduced benefit. If GPO is repealed through the SS Fairness Act, would she be able to switch to the higher ex-spousal benefit at this point? Or does deemed filing mean she's permanently stuck with her current benefit since she's well past FRA? I'm wondering if she automatically applied for all benefits she was eligible for when she initially filed, even though GPO eliminated the ex-spousal option at that time. Any insights from those who understand these complex intersections of WEP, GPO and divorced spouse benefits would be much appreciated.
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Arnav Bengali
As someone who specializes in these issues, I can help clarify. Under current rules, when your client filed for her own retirement benefits, deemed filing would have applied, meaning she effectively applied for all benefits she was eligible for at that time (including divorced spouse benefits). However, the GPO reduced those ex-spousal benefits to zero or near-zero. IF the Social Security Fairness Act passes with full GPO repeal, she would likely be eligible for a benefit adjustment. She wouldn't need to "apply" for ex-spousal benefits because she's already technically filed for them. SSA would recalculate her benefit without the GPO reduction and pay the higher amount. This would require her to contact SSA after any legislation passes to ensure her benefits are reviewed and adjusted properly. Keep in mind that the legislation hasn't passed yet, and even if it does, implementation may be phased or delayed.
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Scarlett Forster
•Thank you for this detailed explanation! It's exactly what I was hoping to hear. So essentially, deemed filing works in her favor in this scenario, since she won't need to submit a new application. I'll advise her to monitor the legislation closely and be prepared to contact SSA promptly if it passes. Do you know if there would be any retroactive payments, or would the adjustment only be prospective from the date the law takes effect?
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Sayid Hassan
My mom had almost the same situation! Teacher for 25 years then worked at walmart for like 8 years. her ss benefit is tiny cause of that WEP thing. she tried to get something from my dads record but they said no because of GPO. Shes so mad about it every month when she gets her tiny check!! Hoping this new law passes so she can get what she deserves finally!!
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Rachel Tao
•This is EXACTLY why the SS Fairness Act needs to pass! Thousands of teachers, firefighters, police officers getting ROBBED of their rightful benefits because of these unfair penalties. The system is BROKEN. We've paid into it just like everyone else but get penalized just for choosing public service careers. It's discrimination plain and simple.
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Derek Olson
I've been following the SS Fairness Act closely and wanted to add some context. The current version (H.R. 82) would eliminate both WEP and GPO penalties completely, which would help your client in two ways - both by eliminating the WEP reduction on her own benefit AND allowing her to receive the higher ex-spousal benefit without GPO reduction. However, I should caution that while the bill has strong bipartisan support with over 300 cosponsors in the House, there are significant concerns about the estimated $175 billion cost over 10 years. Some policy experts believe that a full repeal is unlikely and that a modified version with partial relief is more probable. This could mean your client might see some improvement, but possibly not the full ex-spousal amount. I recommend setting realistic expectations for your client while still helping her prepare to act quickly if legislation passes.
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Danielle Mays
•Wait I'm confused about something. If they repeal both WEP and GPO, wouldn't the client get BOTH her full SS retirement benefit AND the ex-spouse benefit? That seems like double-dipping. I thought you only get the higher of the two benefits anyway, even without these penalties?
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Arnav Bengali
To clarify the previous question - no, she wouldn't receive both benefits in full. Even with WEP and GPO repealed, the standard Social Security rules for spousal benefits still apply. She would receive her own retirement benefit (without WEP reduction) PLUS the difference between that amount and the ex-spousal benefit IF the latter is higher. So the maximum she would receive is the higher of the two benefits, not both combined. For example, if her unreduced benefit is $800 and the ex-spousal benefit is $1,250, she would receive a total of $1,250 (her $800 benefit plus a $450 spousal add-on), not $2,050.
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Danielle Mays
•Ohhhh that makes sense! Thanks for explaining that. So basically you get the higher benefit amount, not both combined. I misunderstood how that worked.
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Roger Romero
has anyone here tried calling the ssa directly about questions like this??? i spent 3 HOURS on hold last week trying to ask about my retirement application and then got disconnected!!! so frustrated with this whole system
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Anna Kerber
•I had the same awful experience but then found a service called Claimyr that got me through to a real SSA agent in under 20 minutes. It really works - they call SSA for you and then connect you once they get through. Saved me hours of frustration! Check out their site claimyr.com or watch how it works here: https://youtu.be/Z-BRbJw3puU Definitely worth it for complicated questions like the one in this thread where you need to speak with someone who actually understands all these technical rules and exceptions.
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Sayid Hassan
btw my uncle works for ssa and he says even if the fairness act passes its gonna take them MONTHS to update all the systems and recalculate benefits. so don't expect changes right away even if it becomes law
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Scarlett Forster
•That's helpful insight - thank you! Implementation timeline is something I hadn't considered. I'll make sure to set appropriate expectations with my client about potential delays even if the legislation passes.
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Rachel Tao
Don't get too excited about the Fairness Act. They've been trying to pass this for TWENTY YEARS with no success! Congress doesn't care about retired teachers or police officers. All talk, no action. I'll believe it when I see it.
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Derek Olson
•While I understand your frustration, there is more momentum now than ever before. The current bill has 305 cosponsors in the House (more than 70% of representatives) and 43 in the Senate. That's unprecedented support. Yes, there are legitimate funding concerns, but dismissing it entirely isn't helpful. Many advocacy groups believe some form of relief will pass in the next 1-2 years, even if it's not the full repeal originally proposed.
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Scarlett Forster
Thank you all for the incredibly helpful responses! This gives me much better clarity on how to advise my client. To summarize what I've learned: 1. Yes, deemed filing actually works in her favor here - she's already technically applied for ex-spousal benefits 2. If GPO is repealed, SSA would recalculate and pay her the higher amount 3. She should be prepared to contact SSA when/if legislation passes to ensure her case is reviewed 4. Implementation could take months even after passage 5. There's a good chance we'll see some modification rather than full repeal This has been extremely valuable - much appreciated!
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Arnav Bengali
•You've got it exactly right. One final tip: have your client verify that her ex-spouse is properly linked to her record at SSA. Sometimes these connections aren't properly established in the system, which could delay any potential benefit adjustment. She can confirm this by requesting a copy of her Social Security Statement or asking specifically about this when speaking with an SSA representative.
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