Social Security Fairness Act & Government Pension Offset retroactive charges - now owe SSA $7,000 in survivor benefits!
I'm in shock and desperate for advice. In March 2024, I was about to apply for my regular SS retirement benefits when a Social Security rep suggested I should collect survivor benefits until my FRA instead. Sounded like good advice, so I withdrew my retirement application and filed for survivor benefits based on my late husband's work record. Here's the disaster part - I just found out the Social Security Fairness Act that passed in January 2025 included changes to the Government Pension Offset (GPO). My late husband had a state pension which I receive as his survivor. Apparently, the new law affected how this pension impacts my survivor benefits! Now SSA has MASSIVELY reduced my monthly payment AND sent me a notice saying I owe them $7,000 for "overpayments" dating back to January 2024. They want the entire amount in 30 days!!! How can they retroactively apply a law that wasn't even in effect when I started receiving benefits??? I've tried calling SSA - was on hold for 4 HOURS yesterday before giving up. I'm currently on hold again (1+ hour and counting). Has anyone dealt with this GPO situation under the new Fairness Act? Any advice on fighting a retroactive overpayment? I'm completely blindsided by this.
24 comments


Ethan Clark
The retroactive application of the Social Security Fairness Act is causing significant confusion. GPO (Government Pension Offset) and WEP (Windfall Elimination Provision) rules were modified, but retroactive implementation to January 2024 is problematic for many beneficiaries. You should immediately request a reconsideration and waiver of the overpayment. You have a strong case under "not at fault" provisions since you couldn't possibly know about a law that hadn't passed when you began receiving benefits. File Form SSA-561 (Request for Reconsideration) and SSA-632 (Request for Waiver). If your financial circumstances would make repayment difficult, document this thoroughly in your waiver request. Meanwhile, you can also request a payment plan to avoid immediate collection actions.
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Aisha Mahmood
•Thank you so much for this information! I had no idea these forms existed. Will SSA stop trying to collect while my reconsideration is pending? I'm terrified they'll start taking money from my reduced benefit checks.
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AstroAce
i got hit with this too!!! husband was teacher in ohio, i get his pension now. my SS check went from $1890 to $645!!! AND they want $8500 back by march 1st. this is INSANE how can they do this to us??
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Ethan Clark
•They can't legally demand immediate full repayment if it would cause financial hardship. Request a payment plan immediately. You can propose as little as $10 per month if that's all you can afford. The SSA has to consider your financial situation when reviewing these requests.
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Yuki Kobayashi
If you're having trouble reaching someone at SSA, try using Claimyr.com - it helped me get through to an actual person within 20 minutes after I spent days trying to get through. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For your actual issue - make sure you request both reconsideration AND waiver. These are separate processes, and you want both in motion. The waiver can stop collection while they review your case. I had a similar situation (different issue but also an overpayment), and I eventually got it resolved, but it took persistence.
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Aisha Mahmood
•Thank you! I've never heard of this service but at this point I'll try anything. 4+ hours on hold is ridiculous when I'm facing a $7,000 bill. I'll look into it right away.
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Carmen Vega
My neighbor just went through this. The fairness act is anything BUT fair to survivors like us. She ended up having to take out a loan to pay back SSA because they threatened to garnish her bank account. Social Security is a MESS.
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Andre Rousseau
•That's not accurate information. SSA cannot garnish bank accounts without going through proper channels including multiple notices and appeals processes. Your neighbor should have requested a waiver and/or payment plan. No one should take out loans to pay SSA when hardship provisions exist specifically to prevent this kind of financial strain.
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Andre Rousseau
I'm a benefits counselor who works with seniors, and we're seeing this issue frequently now. Here are the facts about the Social Security Fairness Act GPO changes: 1. While the law passed in January 2025, certain provisions had retroactive implementation dates to January 2024 2. The GPO formula changed from a flat two-thirds reduction to a graduated scale based on pension amount 3. You have 60 days from receiving the overpayment notice to file for reconsideration 4. SSA cannot begin collection if you file a waiver request within 30 days of the overpayment notice I strongly recommend filing both the reconsideration (SSA-561) AND waiver request (SSA-632) immediately. Send them certified mail so you have proof of timely filing. Your case for waiver is strong since you couldn't have known about laws that weren't in effect when you began receiving benefits.
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Aisha Mahmood
•This is incredibly helpful, thank you! Should I mention specific reasons in my waiver request, or just fill out the form as is? I'm worried about saying the wrong thing.
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Andre Rousseau
•On the waiver form, clearly explain that: 1) You were not at fault because you followed SSA's advice in March 2024, before the law existed, 2) You had no way to know about future legislative changes, and 3) Repayment would cause financial hardship (if applicable, provide details about your monthly expenses vs. income). Be factual but don't hesitate to explain the real impact this has on your finances.
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Zoe Stavros
OMG this is EXACTLY what happened to my aunt!!! She got hit with a $12,000 bill for "overpayment" from her late husband's pension offset. She's 73 and was HYSTERICAL when she got the letter. The government is STEALING from seniors who followed the rules!!!! How is this even legal?????
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Jamal Harris
i think ur mixing up the fairness act with something else... fairness act was supposed to ELIMINATE the GPO and WEP not make them worse. are u sure thats what the letter said?
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Andre Rousseau
•You're partly right. The original proposals for the Social Security Fairness Act aimed to eliminate GPO and WEP entirely. However, the version that passed in January 2025 only modified these provisions rather than eliminating them completely. It created a graduated reduction scale instead of the previous flat reduction. For some beneficiaries with higher pension amounts, this actually resulted in larger offsets than before.
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AstroAce
they told me i can do a payment plan but its still not fair!!! i budgeted based on what THEY TOLD ME i would get. now im short like $1200 a month AND owe back money??? how are we supposed to live????
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Ethan Clark
Critical update for everyone affected: The SSA recently issued Emergency Message EM-25032 specifically addressing retroactive GPO adjustments under the Fairness Act. The guidance instructs field offices to presumptively approve administrative waivers for overpayments created solely by the retroactive application of the law when: 1. The beneficiary reported the government pension properly 2. The overpayment occurred solely due to the law change 3. The beneficiary had no way to anticipate the change Make sure to specifically reference EM-25032 in your waiver request. This substantially increases your chances of having the overpayment waived entirely.
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Aisha Mahmood
•This is amazing information! I'll definitely reference this emergency message. Do you know if I need to provide any specific documentation with my waiver request besides filling out the SSA-632 form?
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Ethan Clark
•Include copies of any previous correspondence with SSA showing you properly reported the pension. Also attach financial documentation showing hardship if applicable (bills, bank statements, etc.). Most importantly, write "Administrative Waiver Request per EM-25032" at the top of the form in bold letters to flag it for proper handling.
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Yuki Kobayashi
After three weeks of trying to reach SSA about my own overpayment issue (different situation), I finally got through using claimyr.com - it was worth it just to stop the frustration. The agent I spoke with told me that they're completely overwhelmed with calls about the Fairness Act changes. When I finally reached someone, I found out that if you request a waiver within 30 days of the notice, they're required to pause collection efforts while they review your case. But you absolutely must get that waiver request in ASAP.
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Carmen Vega
Anyone else notice how they pass a law with "Fairness" in the title and it ends up being totally UNFAIR to thousands of seniors? Classic government doublespeak.
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Zoe Stavros
•RIGHT???? They pretend to help us while picking our pockets! My mom worked for 35 years as a nurse and now they're cutting her benefits because of some pension rule. She already paid into Social Security her WHOLE LIFE!!! It's THEFT!!!
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Ethan Clark
Quick update: SSA just published a new form specifically for Fairness Act GPO/WEP administrative waivers - Form SSA-545-F. It's streamlined for exactly this situation and specifically cites the Emergency Message guidelines. If you haven't submitted your waiver yet, use this form instead of the general waiver form. You can download it from ssa.gov or pick it up at your local office.
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Aisha Mahmood
•That's perfect timing - I was just about to send in the regular waiver form tomorrow. I'll look for this new form instead. Thank you so much for staying on top of this and sharing the information!
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Ethan Scott
I'm so sorry you're going through this nightmare! As a new member here, I wanted to share that I'm dealing with a very similar situation - my late husband was a federal employee and I'm now facing a $4,800 overpayment demand after they reduced my survivor benefits by 75% due to his federal pension I receive. What's really helped me is connecting with other survivors in similar situations. There's actually a Facebook group called "GPO/WEP Survivors United" where hundreds of us are sharing resources and supporting each other through this mess. Many members have successfully gotten their overpayments waived using the strategies mentioned here. One thing I learned from the group is to document EVERYTHING - save all your correspondence with SSA, take screenshots of their website advice, keep records of every phone call (date, time, who you spoke with). This documentation becomes crucial for your waiver request. Also, don't let them intimidate you with collection threats. You have rights, and the emergency message Ethan mentioned is real - several group members have already had success with it. Stay strong and keep fighting!
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