Do we have any attorneys here who know the ins and outs of social security disability? I have a question or two that I need answered. Thank you.

It might help to post your questions. Of course identifying information should be left off. There is someone on the forum who worked for SSA for years.

I'm the someone. I am not a Social Security Disability Attorney, but I worked for SSA for 42 years and am very familiar with the SSA Disability Process. I would be glad to respond to any general questions you might have. The Q and A might be of interest to others who are going through the process themselves, or have family or friends who may be applying. Don't post any personally identifying info.

quote:

Originally posted by Fed161:
I'm the someone. I am not a Social Security Disability Attorney, but I worked for SSA for 42 years and am very familiar with the SSA Disability Process. I would be glad to respond to any general questions you might have. The Q and A might be of interest to others who are going through the process themselves, or have family or friends who may be applying. Don't post any personally identifying info.

Thank you, I appreciate it. My wife is on social security disability insurance due to having a bad reaction to a chemo in 2018, she had like a stroke. I retired from the Louisville Metro Police Department in 2011 and for my pension I chose the option that would allow my wife to receive my pension should I die before her. We did not pay into social security on the department. My question is if I die and she receives my pension will that have an impact on what she receives financially from social security since I did not pay into social security for that pension? Thank you.

Your question is about government pension offset. GPO will not affect your wife at all. Specifically, she can receive both your pension and the full unreduced amount of her social security benefits should you die first. Receipt of your pension will not affect her SSA benefits.

From an SSA GPO pamphlet: You (in this case referring to your wife) are exempt from offset if you are receiving a government pension from SLG (state, local government) employment that is not based on your own earnings. For example, if you receive a survivor's annuity from your deceased spouse who worked in non-SS-covered employment for a SLG, it is not subject to the GPO.

Before I get bombarded with posts about "why do I have GPO?" - in your situation YOU would be subject to GPO, not your wife. You worked in non-covered employment, not your wife. Should your wife die before you, you would not be eligible for Widowers benefits on her account because your pension would no doubt totally offset any SSA widowers benefits that you might be eligible for on her account.

Hope that explains it. If you have a follow up question or want a clarification on anything, no problem.

quote:

Originally posted by Fed161:
Your question is about government pension offset. GPO will not affect your wife at all. Specifically, she can receive both your pension and the full unreduced amount of her social security benefits should you die first. Receipt of your pension will not affect her SSA benefits.

From an SSA GPO pamphlet: You (in this case referring to your wife) are exempt from offset if you are receiving a government pension from SLG (state, local government) employment that is not based on your own earnings. For example, if you receive a survivor's annuity from your deceased spouse who worked in non-SS-covered employment for a SLG, it is not subject to the GPO.

Before I get bombarded with posts about "why do I have GPO?" - in your situation YOU would be subject to GPO, not your wife. You worked in non-covered employment, not your wife. Should your wife die before you, you would not be eligible for Widowers benefits on her account because your pension would no doubt totally offset any SSA widowers benefits that you might be eligible for on her account.

Hope that explains it. If you have a follow up question or want a clarification on anything, no problem.

I paid into social security before my time on the police department and after does that not qualify me to receive widower benefits. I hate talking about this kind of crap but just trying to figure where we both stand should the time come.

[/QUOTE]
I paid into social security before my time on the police department and after does that not qualify me to receive widower benefits. I hate talking about this kind of crap but just trying to figure where we both stand should the time come.[/QUOTE]

Sounds like you aren't collecting SSA benefits yet. If you worked long enough under SSA covered employment to be eligible, you will collect the SSA benefit, but the benefit benefit will be affected by WEP. This is not an SSA publication, but it has good information: https://www.socialsecurityinte...imination-provision/

As far as GPO, it would affect you if you applied for widowers benefits, even though you did have SSA covered employment. I should clarify something about GPO. It is possible that you could be eligible for some benefits after GPO is applied if the SSA widowers benefit is high and your police pension is modest. But if I had to guess, I would say it isn't likely.

Here is where you can find out for sure:
https://www.ssa.gov/benefits/calculators/

quote:

Originally posted by Fed161:

I paid into social security before my time on the police department and after does that not qualify me to receive widower benefits. I hate talking about this kind of crap but just trying to figure where we both stand should the time come.[/QUOTE]

Sounds like you aren't collecting SSA benefits yet. If you worked long enough under SSA covered employment to be eligible, you will collect the SSA benefit, but the benefit benefit will be affected by WEP. This is not an SSA publication, but it has good information: https://www.socialsecurityinte...imination-provision/

As far as GPO, it would affect you if you applied for widowers benefits, even though you did have SSA covered employment. I should clarify something about GPO. It is possible that you could be eligible for some benefits after GPO is applied if the SSA widowers benefit is high and your police pension is modest. But if I had to guess, I would say it isn't likely.

Here is where you can find out for sure:
https://www.ssa.gov/benefits/calculators/[/QUOTE]



Thank you so much for your time, answers and guidance. I appreciate it.

The SigForum braintrust comes through again!

Amazing the breadth and depth of knowledge here!

I went through this earlier this year. I applied for SS through my wife's contributions. After jumping through the many, many hoops and sending them reams and reams of paperwork, I was informed that: Yes, I qualified for SS, but that no, I wouldn't be getting any because I received too much from my cop pensions.

My question: Is it worth checking every so often (annually?) to see if anything has changed and I might now qualify or am I just pissing in the wind?


Thanks.

quote:

Originally posted by Pyker:
I went through this earlier this year. I applied for SS through my wife's contributions. After jumping through the many, many hoops and sending them reams and reams of paperwork, I was informed that: Yes, I qualified for SS, but that no, I wouldn't be getting any because I received too much from my cop pensions.

My question: Is it worth checking every so often (annually?) to see if anything has changed and I might now qualify or am I just pissing in the wind?

Thanks.

The only way it would be worth checking again is if you don't get cost of living raises on your cop pension. At some point your spouses SSA benefit could rise high enough that something might be payable since the spouses benefit is rising and the cop pension is staying the same. I don't think that's very likely, but I will put it out there. Also, a widowers benefit is computed differently than a spouse's benefit (it's higher). So if your wife should pass away before you, it would be worthwhile to check again. The GPO could still knock out any eligibility for SSA benefits (even with the higher widower's benefit), but worthwhile to at least ask should you find yourself in that situation.

What is always possible is a change in the law. There are several bills that have been introduced that would totally eliminate or reduce the negative impacts of both WEP and GPO. Congress is giving trillions of dollars away to everybody under the sun. Maybe they'll throw a few crumbs our way. (Don't hold your breath). If there is any change in the law, I'm sure you'll hear about it you are in any group of retirees, or you get a newsletter from any retired cop organization.

Just so readers know, I am in the exact same boat as all of you who are subject to WEP and GPO. My federal pension works the same way as state and local pensions for purposes for WEP and GPO.

Here is something I haven't mentioned that is worth covering. If you spent most of your working career in federal state or local government and never got insured for SSA benefits, you still might want to apply for SSA on your spouses account - even though your SSA benefit would be totally offset. Even if you don’t get benefit payments from your own work, you can still get Medicare at age 65 on your spouse’s record if you aren’t eligible for it on your own record. The hospital portion in free (part A) and you pay the same premium as everybody else for part B. If you have to buy into part A, it costs a fortune. If you get it through your spouse, it's free, even though you don't collect a check because it's totally offset.

Thank you. I would add that although SSA gave me the bum's rush, they were polite and professional throughout.

I will wait and see if anything changes in the law, since I do receive CoL raises on both cop pensions.

Thanks again.