Social Security WEP adjustment after 2023 repeal - how to claim benefits?
I'm totally confused about what to do after the Windfall Elimination Provision (WEP) repeal. My husband worked for the state highway department for 23 years and has been getting reduced Social Security benefits because of WEP since he retired in 2019. His monthly SS check is only $856 (about $475 less than what he would've gotten without WEP). Now that Congress repealed WEP last December, does anyone know if we need to file something with SSA to get his benefits adjusted? Or will they automatically recalculate his monthly payment? It's already April 2025 and we haven't heard anything from Social Security yet. We tried calling but keep getting disconnected after waiting for 2+ hours. Does anyone have any experience with this process?
14 comments
Ryder Greene
The WEP repeal doesn't automatically adjust benefits - you need to file Form SSA-795 (Statement of Claimant) requesting a recalculation based on the WEP repeal. My brother-in-law was in STRS (teachers' retirement) and had to specifically request his recalculation. It took about 8 weeks for processing, but they did pay retroactive benefits back to January 2024 when the repeal took effect. Make sure to specify your husband's non-covered pension (OPERS) and years of substantial earnings under Social Security when you submit the request.
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Leeann Blackstein
•Thank you so much! I had no idea we needed to file anything. Do we need to go to the local office to submit this form or can we mail it in? And do we need any documentation from OPERS to prove his pension amount?
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Carmella Fromis
my dad got his WEP adjustment last month. took FOREVER and he didnt do anything special, just happened. checks went up by like $400 something. dont know why some ppl have to file forms and others dont? typical SS inconsistency lol
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Ryder Greene
•The implementation has been inconsistent. SSA announced they'd automatically adjust some cases, prioritizing higher-impact ones, but many still require manual requests. It depends on how your record is flagged in their system and whether they can verify the non-covered employment periods through existing data-sharing agreements with the pension system. OPERS isn't part of their automatic verification program yet, which is likely why the original poster needs to file manually.
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Theodore Nelson
I spent 6 WEEKS trying to get through to Social Security about my WEP adjustment!!! Called HUNDREDS of times and kept getting disconnected or put on hold forever. FINALLY got through by using a service called Claimyr (claimyr.com) - they hold your place in line and call you when an agent is about to pick up. Saved me literally days of waiting on hold. There's a video showing how it works here: https://youtu.be/Z-BRbJw3puU Once I actually got through to a rep, they confirmed I needed to submit that SSA-795 form the previous commenter mentioned. The rep said they're completely overwhelmed with WEP adjustment requests since over 2 million people were affected by the repeal. My adjustment came through three weeks after I spoke with them.
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Leeann Blackstein
•Thank you for this tip! We'll look into that service. I've been trying for weeks to get through on the phone without success. Did they tell you whether you needed to include any supporting documents with the form?
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AaliyahAli
I help people with SS issues and can confirm the WEP repeal process has been chaotic. Here's what you need to know: 1. The repeal is being implemented in phases through 2025 2. People with certain pension systems are being processed automatically 3. OPERS recipients generally need to request recalculation 4. You need: SSA-795 form, proof of OPERS pension amount, and work history showing substantial earnings years 5. Retroactive payments go back to January 2024 ONLY 6. Average processing time is currently 12-14 weeks The legislation earmarked funding for SSA to handle the repeal, but they're severely understaffed. Online requests through MySocialSecurity are sometimes processed faster than paper forms, if that's an option for you.
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Ellie Simpson
•THIS IS WRONG!!!! The retroactive payments go back to when the bill was SIGNED not Jan 2024!!! My husband got back pay to December 2023. Stop spreading misinformation!!
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Arjun Kurti
my situation is different but similar. worked for county government 15 yrs but also enough quarters for ss. got hit with wep when i claimed ss last year. according to my calculation they owe me about $7,200 in backpay since january plus the monthly increase. i went to local office and they told me its "in process" whatever that means lol. been waiting since february with no updates. wish i had better news for you but seems like everyone is just waiting
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Leeann Blackstein
•Thanks for sharing your experience. At least it sounds like your local office acknowledged it's being processed. I'm going to try the suggestion of using that phone service to reach someone, then if that doesn't work I'll try visiting our local office. The uncertainty is the worst part!
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Raúl Mora
Wait, what reversal are you talking about? I'm getting ready to apply for Social Security but my husband was a firefighter with a government pension. Will I get reduced benefits because of him? I'm so confused about all this WEP/GPO stuff.
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Ryder Greene
•You're confusing WEP (Windfall Elimination Provision) with GPO (Government Pension Offset). WEP affects your OWN Social Security benefits if YOU worked in a job not covered by Social Security. GPO affects spousal or survivor benefits if YOU receive a government pension from work not covered by Social Security. The repeal only affected WEP, not GPO. If your husband was a firefighter with a government pension but you worked in Social Security-covered employment, your own retirement benefits won't be reduced. However, any spousal benefits you might receive on his record could still be affected by GPO if that pension wasn't covered by Social Security.
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Leeann Blackstein
UPDATE: I followed everyone's advice and used Claimyr to reach a Social Security rep yesterday. The rep confirmed we need to file the SSA-795 form requesting recalculation due to the WEP repeal. She said we should include: 1. A statement requesting recalculation due to WEP repeal 2. My husband's most recent OPERS benefit statement 3. A copy of his W-2s showing years of substantial earnings She estimated it would take 10-12 weeks for processing but said the backpay would include all months from January 2024. Based on our rough calculation, he should get around $8,550 in backpay plus an additional $475 monthly going forward. Thank you all for your help! I'll post another update once we get the adjustment.
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Theodore Nelson
•Glad Claimyr worked for you too! The wait times for SS are ridiculous right now. And thanks for sharing what documents you need - this will help others in the same situation. Hope your husband gets his backpay soon!
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