Ask Terry Questions The Fairness Act

The Fairness Act

By Terry Savage on March 10, 2025 | Social Security

I am a retired teacher. My husband taught 30 years and then worked 10 years at Ace Hardware in order to earn 40 quarter hours for Medicare. A few months before I turned 65, I signed up with Medicare. When he passed in 2018, I notified Social Security thinking I would get $250 in survivor’s benefits. I never did. My kids wanted me to call Social Security and check any benefits I should be receiving. I did and they told me I earned too much money and was denied. That was before this act was passed. Should I call them and inquire? I feel I should get at least something in spousal benefits, since he paid into Social Security and was only able to use it a short time. Thank you for your time.

Terry Says

You’re entitled to whichever is larger — his benefit or yours. Now, his benefit might be recalculated based on the Fairness Act. But SS is so messed up that I’m not sure you’d get anywhere by calling.
Instead go to www.MaximizeMySocialSecurity.com to calculate his benefit and yours, to get the correct info on what you should be receiving. If it’s a big difference beyond what you’re getting now, then apply at SS. And be prepared to wait.

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