Can I retroactively claim unpaid SS survivor benefits after WEP/GPO repeal?

This is an excellent question that many people will be facing! Based on my understanding of the legislation, there isn't specific language addressing retroactive filing for those who never applied due to GPO elimination. However, Social Security does have general provisions allowing for retroactive benefits in certain circumstances. For survivor benefits, SSA typically allows up to 6 months of retroactive benefits if you file after your eligibility date. I think your mother should file as soon as possible after the law is officially signed, and specifically request consideration for retroactive benefits back to January 2024 based on the legislation's effective date. She'll need to explain that she only didn't file earlier because GPO would have eliminated her benefit entirely. I'm guessing SSA will need to issue specific guidance on these cases once the law is implemented.

my sister in law had this EXACT same problem!!! she worked for ohio schools for 31 years and when her husband died she was told dont even bother applying cause GPO would make it zero. now shes trying to figure out if she can get benefits back to january too. following this thread for answers

I actually think there might be a BIG problem with this whole situation. What if Social Security says "well you never filed a claim, so we can't retroactively give you something you never asked for"? That seems like the kind of bureaucratic nightmare SSA would pull. And another question - what if someone was eligible for survivor benefits back in 2017 but never filed because of GPO? Can they now file and get benefits back to January 2024? Or are they completely out of luck for waiting too long? The whole system is DESIGNED to confuse people and deny benefits. I'm glad WEP/GPO are gone but I guarantee SSA will find a way to make this as complicated as possible for people who deserve their money!!

I'm confused about something - I thought the GPO only reduced survivor benefits, not eliminated them completely? My cousin gets a small survivor check even though she was a teacher in California. Maybe TX is different?

I had the EXACT SAME THOUGHT when I read about the repeal! My mom was a teacher for 35 years in Illinois and when my dad died in 2021, she didn't even apply for survivor benefits because we all knew GPO would wipe it out completely (her pension is about $4200/month and dad's SS was around $2100). I called our local SS office about this last week and the person I spoke with honestly had no idea. They said they hadn't received any guidance yet about implementation of the new law. The frustrating thing is that my mom would now be entitled to around $1050/month in survivor benefits going back to January, which is almost $8400 by the time this all gets sorted out! I think there's going to be a LOT of people in this situation. They better come up with a solution!

Has anyone actually tried calling SSA about this specific situation yet? I've been trying to get through for days and can't even get past the busy signals.

I work with retirement planning for educators and this is coming up with many clients. What we're advising: 1. Anyone affected by GPO who never filed for survivor benefits should prepare to file immediately after the law is signed 2. Include a written statement explaining non-filing was due to GPO elimination of benefits 3. Specifically request retroactive benefits to January 2024 citing the legislation's effective date 4. Bring documentation of both the government pension and the deceased spouse's Social Security record 5. Be prepared for the possibility of an initial denial and the need to appeal Unfortunately, until SSA issues formal guidance, we won't know exactly how they'll handle these cases. But filing promptly will establish the earliest possible protective filing date. One additional point - for those who might have been eligible for survivors benefits many years ago but never filed due to GPO, there may be limitations on how far back you can go. Getting payments from January 2024 forward should be possible, but benefits from before the law's effective date are unlikely to be available.

does anyone know when the president is actually signing this? i keep hearing different dates

Another question - how will they calculate the survivor benefit amount? Will it be based on what it would have been when the person first became eligible, or will it be based on what they would receive if applying now? There could be COLAs and other adjustments that would make a difference!

I just want to thank everyone for their thoughtful responses. This is exactly the kind of discussion I was hoping for. I'm going to help my mother prepare all her documentation so we're ready to file as soon as the law is signed, and I'll specifically request retroactive benefits to January 2024 with a clear explanation about why she never filed before. If anyone gets actual information from SSA about this specific situation once the law is signed, please come back and update this thread. I'll do the same if we learn anything concrete during our application process.

I'm in a very similar situation and really appreciate this discussion! My husband was a federal employee for 28 years and when I become eligible for widow benefits, I was told not to even bother applying because of GPO - my CSRS pension would have eliminated everything. One thing I wanted to add that might be helpful - I spoke with someone at my local SSA office yesterday (finally got through!) and while they don't have official guidance yet, the representative mentioned that they're expecting a flood of these types of cases and are preparing special procedures. She suggested that when we do apply, we should bring: 1. A copy of the new legislation 2. Documentation showing our government pension amount 3. Our spouse's Social Security statement/records 4. A written timeline explaining why we didn't apply before She also said to be very clear in our application that we're requesting retroactive benefits specifically due to the GPO repeal effective January 2024. Apparently they're setting up a special tracking system for these cases. I'm planning to file the day after the president signs it. Better to get in early and establish that protective filing date, even if it takes them months to process everything properly.

As someone who's been through the SSA application process recently for other benefits, I wanted to add a practical tip that might help everyone preparing for this. When you gather your documentation, make multiple copies of everything and organize it in a clear folder with tabs. SSA offices can be overwhelmed and sometimes lose paperwork, especially during periods like this when they're dealing with new legislation. Also, if possible, try to apply in person rather than online or by phone for these complex cases. The representatives can walk through your specific situation and make notes in your file about the unique circumstances. Online applications might not have the right fields or options for explaining the GPO repeal situation. One more thing - keep detailed records of every interaction you have with SSA, including dates, times, representative names, and what was discussed. If there are any issues or delays, having that documentation will be invaluable if you need to appeal or escalate your case. I'm really hoping SSA handles these retroactive cases fairly. There are probably thousands of people in similar situations who deserve these benefits they were essentially forced to give up due to GPO.