Q: I was told I can’t receive my deceased spouse’s SS because I am the beneficiary of her pension and I can’t receive both?
My spouse is recently deceased and I was initially told I would receive her SS; but then I received a letter from SS administration stating that I won’t receive her SS because I am receiving her pension and I cannot receive both. Is this true?
A:
In most cases, you can receive both your deceased spouse's Social Security benefits and their pension, but there are certain exceptions and rules that may apply. The two main factors that could affect your eligibility are:
1. Government Pension Offset (GPO): If you receive a pension from a government job in which you did not pay Social Security taxes, your survivor benefits may be reduced by two-thirds of the amount of your pension. This is known as the Government Pension Offset.
2. Windfall Elimination Provision (WEP): If you earned a pension from a job where you did not pay Social Security taxes and you also qualify for Social Security benefits based on your own work record, your Social Security benefits may be reduced.
However, these provisions do not typically apply to private sector pensions.
It's best to contact the Social Security Administration directly to discuss your specific situation and to determine your eligibility for survivor benefits. They can provide more detailed information based on your personal circumstances and help you understand the rules that apply to your case.
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