Hi Larry,
I bought your book, however I did not see any examples like this in chapter 14.
I turned 66 on 7/13/16 and started collecting my full SSI benefits on 7/1/16. My husband turned 66 on 6/22/16 and will collect his SSI benefits when he turn 70. He recently went to SSI to apply for spousal benefits to collect half of mine, but was told by several people at this agency that because of the "WEP" he would not be able to collect "anything" on my record. Here are the details:
My husband worked for 17 years in a school system, in RI, where he paid Social Security taxes. He then worked for another 17 years in a different school system, in RI, where he did not pay Socuial Security taxes. He has now been retired for the past 6 years and is collecting a retirement pension form these two school systems. He also worked simutaneously in his private practice, where he paid social security taxes making "substantial earning" for the past 35 years. ( I checked the "SS years of substanial earnings chart:). He continues to work in his private practice and continues to pay social security taxes.
They told him the reason that he was not able to collect spousal benefits on my record was becuase SSI looks at the last 5 years of employment and he did not qualify for the "WEP Exception" because he worked his last 5 years in a school system where he did not pay social security taxes and he was receiving part of his pension from that system. They said it would not affect or reduce his benefits, but he could not receive any spousal benefits. They also said if the school systems were reversed, he would have been able to collect spousal beneftis.
Shouldn't 35 years of making substantial earnings in his private practice qualify him for the "WEP Exception." Is what they are telling us true, or should we seek legal counsel to help us "Get What's Ours". Please advise, as it doesn't make sense to us.
Thank you,
Gloria

Hi Gloria,

It's probably correct that your husband can't get spousal benefits on your record, but not because of the WEP provision (https://www.ssa.gov/pubs/EN-05-10045.pdf). WEP only affects Social Security benefits on a person's own record, not spousal or widow(er)'s benefits. And, if your husband has at least 30 years of 'substantial earnings' that were subject to Social Security taxes, his own retirement benefits should be exempt from any WEP reduction.

Instead, the reason that your husband likely can't get spousal benefits is due to the Government Pension Offset (GPO) provision. This provision states that if a person receives a government pension based on their own work that was exempt from Social Security taxes, an amount equal to 2/3rds of the non-covered pension amount must be withheld from any Social Security spousal or widow(er)'s benefits to which the person may be entitled. So, assuming that the pension amount that your husband gets from his non Social Security covered school district work is more than 150% of his potential spousal benefit on your record, and unless he meets one of the exceptions to GPO, his spousal benefit rate would be offset to zero.

For more information on GPO, refer to the following pamphlet: https://www.ssa.gov/pubs/EN-05-10007.pdf.

Best, Jerry