Why Can't I Get Spousal Benefits?

Apr 7 2017 - 5:30am

I do not have 40 quarters (and retired on WEP) so i applied on my husband. i am over 67 and so is my husband and he is drawing $380+- with WEP. I was told my check would be under $100 a month and therefore they did not have to pay me . ??? not that i had not met the other requirements.


I'm not sure that I understand your question, but it sounds like you are receiving a pension based on work where you did not pay Social Security taxes. If your non-covered pension is from a federal, state or local government agency in the U.S., you would be subject to the Government Pension Offset (GPO) provision if you file for spousal benefits (https://www.ssa.gov/pubs/EN-05-10007.pdf). The GPO provision mandates withholding of an amount equal to 2/3rds of the amount of a non-covered government pension from any spousal benefits for which a person otherwise qualifies. So, if the amount of your non-covered pension is more than 150% of your potential Social Security spousal benefit rate, the spousal rate payable would be reduced to zero.

Best, Jerry