Can I apply for spousal benefits after GPO repeal with teacher pension? SS denied my claim
I've been watching the GPO repeal closely since I have a teacher's pension from 32 years teaching in Illinois where I didn't pay into Social Security. My husband (age 71) has been collecting his retirement benefits since he turned 66. I'm 70 now and thought the Social Security Fairness Act would finally let me claim spousal benefits! I submitted my application online for spousal benefits literally THE DAY AFTER President Biden signed the bill, and I just got a denial letter yesterday. I'm completely confused - shouldn't I be eligible for roughly 50% of my husband's FRA amount now that the Government Pension Offset has been repealed? The denial letter doesn't even mention the new law. Is it possible they processed my application using the old rules? Should I file an appeal or submit a completely new application? I've been trying to reach someone at SSA for three days but keep getting busy signals or disconnected after waiting 45+ minutes. Has anyone else with a non-covered pension applied since the repeal? What's been your experience?
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Zainab Ahmed
I'm in almost exactly the same situation! Same age, retired teacher (but in Ohio), husband gets SS, and I applied immediately after the bill was signed. Haven't gotten a decision yet but now I'm worried. The SSA is probably still using their old system that automatically denies people with GPO. The poor agents probably don't even have updated guidelines yet for how to handle the new law. What a mess!
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Miguel Diaz
•That's what I'm thinking too. Their systems probably haven't been updated yet. I'm just not sure if I should appeal or start over with a new application. I don't want to make things worse by doing the wrong thing.
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Connor Byrne
File an appeal immediately! The law went into effect upon signing, but SSA systems take time to update. Your denial was almost certainly automated based on pre-existing rules. In your appeal, specifically cite the Social Security Fairness Act of 2024 and include a copy of the legislation if possible. Also important: while the GPO has been repealed, the WEP (Windfall Elimination Provision) still exists and may impact your own SS benefits if you had enough covered quarters to qualify for your own retirement benefit. The repeal only affects spousal/survivor benefits.
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Yara Abboud
•This is exactly right. SSA's processing systems weren't updated overnight when the bill was signed. I worked for SSA for 26 years before retiring, and I can tell you system updates for major legislative changes like this can take 3-6 months to fully implement. File your appeal within 60 days of receiving the denial notice, and be very specific about appealing based on the new legislation. The appeals process will give them time to develop updated procedures.
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PixelPioneer
My sister went thru this EXACT same thing!!! Denied the day after the law passed! She called for 3 weeks and never got thru to anyone. Super frustrating!!!
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Miguel Diaz
•Did she ever get it resolved? I'm wondering if I should just keep trying to call instead of filing an appeal right away.
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PixelPioneer
•She finally got thru by using that Claimyr service (claimyr.com). They got her a callback from SS in like 2 hours when she had been trying for WEEKS! She showed them a video demo first (https://youtu.be/Z-BRbJw3puU) and decided to try it. The agent told her to file an appeal and write "FAIRNESS ACT GPO REPEAL" at the top of the form. They're working on the backlog of cases now apparently.
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Keisha Williams
You absolutely need to appeal rather than submitting a new application. Here's why: 1. A new application will have a later filing date, which could affect retroactive payments 2. An appeal preserves your original filing date 3. The GPO repeal is effective immediately upon signing, but SSA needs time to update their processing guidelines 4. Appeals go to a different department that will have more up-to-date information on implementing the new law You have 60 days from the date on your denial letter to file an appeal. Use form SSA-561-U2 or appeal online through your my Social Security account. In your appeal, clearly state that you're eligible for spousal benefits under the Social Security Fairness Act of 2024, which repealed the Government Pension Offset provision. Also, if your husband's FRA monthly benefit is $2,500, for example, you would be eligible for approximately $1,250 monthly (50% of his FRA amount), assuming you claimed at your full retirement age.
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Miguel Diaz
•Thank you so much for the detailed explanation! This makes perfect sense. I'll file the appeal online today and make sure to specifically mention the Social Security Fairness Act. We've been waiting for this change for so many years, I just want to make sure I do everything correctly.
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Paolo Rizzo
sorry but why should teachers get special treatment? my neighbor paid into SS her whole career and gets less than what you'll get combining your teacher pension AND half your husband's SS. seems unfair to those of us who actually contributed to the system our whole lives...
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Amina Sy
•This comment shows a fundamental misunderstanding of the GPO issue. Teachers in non-covered states PAID INTO THEIR PENSION SYSTEM INSTEAD OF SOCIAL SECURITY because they weren't allowed to participate in SS. It wasn't a choice! The GPO unfairly penalized these public servants by reducing spousal benefits they would have received if they'd worked in literally any other profession. The repeal simply treats them like everyone else.
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Paolo Rizzo
•ok but they still get two benefits while many people only get one. just saying.
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Zainab Ahmed
Has anyone actually succeeded in getting spousal benefits approved since the GPO repeal? I keep hearing about denials but no successes yet. Makes me wonder if we're all misunderstanding something about the implementation timeline...
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Connor Byrne
•The law is in effect, but implementation takes time. SSA needs to: 1. Update their internal processing guidelines 2. Train staff on the new procedures 3. Modify their computer systems 4. Develop communication materials This doesn't happen overnight, which is why appeals are so important. The appeals process gives them time to catch up while preserving your filing date. Expect delays for the next 3-6 months as they work through the backlog of affected claims.
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Miguel Diaz
Update: I finally spoke with an SSA representative! After trying for days, I got through this morning. The rep confirmed I should absolutely file an appeal rather than a new application. She said they're aware of the issue with applications being automatically denied and are working on a fix, but it could take months. She also mentioned they're developing special procedures for GPO-affected claims. I've submitted my appeal online and included specific reference to the Social Security Fairness Act repealing the GPO provision. Now I just wait... again! Thank you all for your help and advice.
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Keisha Williams
•Great news! You did exactly the right thing. When the appeal is processed, they should approve your spousal benefits retroactive to your original filing date. Keep in mind that since you're past your FRA, you're eligible for the full 50% of your husband's FRA benefit amount (not his current amount if he delayed beyond FRA). Best of luck, and let us know what happens!
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Zainab Ahmed
•Thanks for updating us! I'm still trying to reach someone at SS about my case. How did you finally get through? I've been trying all week with no luck.
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Miguel Diaz
•I called right when they opened at 8:00 AM and still waited almost an hour. It's so frustrating. My neighbor mentioned some service that helps you get through to them - I might try that next time if I need to follow up on my appeal. This whole process has been much more complicated than I expected!
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