- How It Works
- ServicesServicesOverviewChoose the right level of support for your plan and needsExpert ReviewA comprehensive review of inputs and reports to get you on the right pathFiling AssistanceLet our experts deal with Social Security for youClawback AssistanceFor those who need help fighting a Social Security benefit clawback
- Why Choose Us
- ResourcesResourcesBooksFrom the world-renowned economist behind Maximize My Social SecurityWebinars & PodcastsExpert tips and guides to help you get the maximum from Maximize My Social SecurtyArticlesIn-depth commentary on Social Security from our founderAsk LarryThousands of questions answered by our Social Security expertsBlogSocial Security insights to help you maximize your lifetime benefitsFAQYour most pressing questions answered
- Pricing
Ask Larry
Can I Draw Spousal Benefits From My Wife's Record If My SS Is Reduced By WEP?
My S/S after WEP is 380.00. Can I draw Spousal benefits from my wife's record which would be 489.00 & avoid the WEP reduction ?
Hi. The Windfall Elimination Provision (WEP) doesn't affect spousal benefits. However, if your non-Social Security covered pension is based on your work for a government agency in the U.S. then any spousal benefits for which you would otherwise qualify would almost certainly be offset by 2/3rds of the amount of your government pension. That's due to the Government Pension Offset (GPO) provision, which is explained in the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10007.pdf.
Furthermore, you couldn't qualify for spousal benefits unless your spouse is already drawing their benefits. Our software (https://maximizemysocialsecurity.com/purchase) is fully capable of handling computations involving both the WEP and GPO provisions, so you may want to strongly consider using the software to analyze your benefit options.
Best, Jerry