Will my disabled adult child get increased survivor benefits after WEP repeal when my ex-husband dies?

I'm so sorry about your ex-husband's diagnosis. I went through something similar with WEP and a disabled child, but was told different things by different SSA representatives about how survivor benefits would be calculated after death. One told me the WEP would continue to affect survivors benefits and another said it wouldn't! I'm still confused about it honestly.

The good news is that under the new WEP repeal laws, your daughter should receive survivor benefits based on the FULL amount without WEP reduction when your ex-husband passes. The WEP repeal legislation specifically addresses survivor benefits. When calculating the benefits for survivors, the WEP reduction is eliminated regardless of whether the worker received the increased amount before death. Your daughter's DAC survivor benefit should be calculated at 75% of his unreduced PIA. However, it's important to make sure her benefits are properly recalculated after his passing. Sometimes these adjustments don't happen automatically, especially with complicated situations involving WEP and disabled adult children.

The previous commenter is mostly correct, but there's a phase-in period with the WEP repeal that you need to be aware of. The repeal doesn't happen all at once - it's being phased in gradually over several years. So the survivors benefits will be calculated based on whatever phase of the WEP repeal is in effect when your ex-husband passes away. It won't necessarily be the FULL unreduced amount immediately.

MY DAUGHTER WENT THREW THIS EXACT THING!!! her dad died with wep and she got 75% of his FULL benefit without the WEP reduction because SS doesn't apply WEP to survivor benifits even BEFORE the repeal!!!! Call them right away so you know for sure, but that's been the law for years. Ive been dealing with SSI and SSDI for 15 years and that's how it works

I've been trying to call Social Security for weeks about my own DAC situation and keep getting the "all representatives are busy" message. I finally used a service called Claimyr (claimyr.com) that got me through 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 confirmed that survivor benefits are no longer affected by WEP with the new legislation, and your daughter should get the full 75% of your ex's unreduced benefit. Worth calling to confirm for your specific situation though.

Hate to say it but even if the law says she shud get the higher amount doesnt mean SSA will do it right! My friends mom had to fight for MONTHS to get the right amount for her disabled brother after there dad died. You might need to appeal whatever they decide if it doesnt look right. Keep all paperwork!!!!!

To clear up some confusion in this thread: The 2025 WEP repeal legislation specifically addresses both primary benefits and survivor benefits. Before this legislation, WEP DID affect survivors, just with a different calculation method. Under the new law: 1. Your ex-husband's primary benefit will increase based on the phase-in schedule if he lives long enough to see it 2. When calculating survivor benefits after his death, the full WEP elimination will apply to your daughter's benefits, regardless of where in the phase-in period he passes away 3. Your daughter's DAC benefit will be 75% of his PIA without the WEP reduction Make sure to notify SSA promptly after his passing and specifically mention that his record was affected by WEP and that your daughter is receiving DAC benefits.

One critical thing to watch for: When your ex passes and your daughter switches to survivor benefits, SSA may initially calculate the benefit incorrectly. Be prepared to appeal if the amount seems wrong. Request a detailed explanation of the calculation in writing. The formula they should use is 75% of his PIA without WEP reduction. Also, ensure your daughter's Medicare premiums (if applicable) are correctly adjusted with the benefit change. And remember that any month-of-death payment would go to whoever was living with him, not automatically to your daughter.