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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13393
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My husband worked local government years, before

Customer Question

My husband worked for a local government for 35 years, before that he worked in jobs that were covered by SS. He receives a pension from the government job, and a small SS pension (around $3.00,) reduced by the WEP provision. I do not know what his SS payment would have been before the reduction. ABOUT 33 years ago I worked for just under 5 years in a government job not covered by SS. Before that I worked less than 5 years in SS covered jobs. I will not qualify for a pension or SS on my own. Should anything happen to my husband, I will receive about 80 percent of his pension. Will I be eligible for a SS pension based on his earnings$ If so will it be based on the reduced payment he receives? Or on the original amount before the reduction? How can I determine what the amount, if any, will be?
Submitted: 10 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 10 months ago.
Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.
Expert:  Stephanie O Joy, Esq replied 10 months ago.
With regard to your post: "My husband worked for a local government for 35 years, before that he worked in jobs that were covered by SS. He receives a pension from the government job, and a small SS pension (around $3.00,) reduced by the WEP provision. ------- O, so WEP corrected his payout on SS because prior to WEP, an inaccurate % was applied to his SS earnings, due to the missing OTHER earnings that was not reported to SS until he opted to file for SS."I do not know what his SS payment would have been before the reduction. ------ OK, then you won't know what you can get at any future time, of course, at least not in numbers."ABOUT 33 years ago I worked for just under 5 years in a government job not covered by SS. Before that I worked less than 5 years in SS covered jobs. I will not qualify for a pension or SS on my own. ------ Correct. We only get out what we put into is, similar to other insurances we pay premiums for - higher premiums, higher resulting benefit. "Should anything happen to my husband, I will receive about 80 percent of his pension. ------- Excellent. "Will I be eligible for a SS pension based on his earnings$ If so will it be based on the reduced payment he receives? ------ Yes, you should because WEP ends with the death of the worker. So while it applies now while he is alive, thereby effecting him and his dependents (such as your spousal), it will not effect his survivors."Or on the original amount before the reduction? ------- Yes, that number. "How can I determine what the amount, if any, will be?" ------ He'd have to inquire as to his primary insurance amount if he is unaware of it. He could try downloading his annual SS earnings statement, but this may not work. However, he try that at ssa.gov/myaccount. Once he finds that out, you will know what your SS survivor amount can be.
Expert:  Stephanie O Joy, Esq replied 10 months ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions. Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!