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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13548
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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If you have been employed at and/or retired from a public

Customer Question

If you have been employed at and/or retired from a public school who does not withhold social security but pay into a state teachers retirement fund will you be able to draw social security on your spouse (living or deceased)?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.
As you likely know, the WEP (Windfall Elimination Provision) corrects such a worker's estimated SS retirement benefit to properly apply his lifetime income figures, after getting such unknown information at the time of application for benefits - as such, some people (but not all) will see a downward correction, if their original estimates prior to application including a "welfare" addition to their SS benefit, that is only allowed for poor earners, and it is later determined that they are not poor enough for that extra welfare portion.
However, in another law, called GPO (Government Pension Offset), that same worker will have a spousal or survivor benefit (both are "dependent" benefits") offset by 2/3 of his/her Government pension, in order to treat him/her the same as a non government pension worker, who is also not permitted to gain a spousal or survivor benefit on top of her own benefit. So if the Government pension is very large, the larger the offset, which can very likely, then, eliminate any "net" of the SSA dependent benefit. However, if the govern pension is, say $1000/mo and the SS spousal benefit would be $1000 also, then the SS dependent benefit would be $1000-667= 333. THis is a little more favorable than non-government pension workers, who can't take any dependent benefit if it is not higher than their own, if and if it is, they only get the difference, not both.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy 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 Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
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Expert:  Stephanie O Joy, Esq replied 1 year ago.
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