Social Security WEP repeal retroactive payment confusion with upcoming spousal benefits
I'm in a confusing situation with my Social Security benefits after the WEP repeal. I've been receiving significantly reduced benefits because of the Windfall Elimination Provision, but now that it's been repealed I should be owed retroactive payments dating back to December 2023. Here's where it gets complicated - I recently applied for spousal benefits and have a phone interview scheduled with SSA for March 18. I understand spousal benefits can be paid retroactively for up to 6 months from the protective filing date. What I can't figure out is: How will they handle my WEP retroactive payments? And how will this affect my spousal benefits timing? I know I'll eventually just receive the spousal benefits (since they'll likely be higher), but shouldn't I be entitled to my full regular SS benefits backpay BEFORE the spousal benefits kick in? Does anyone else affected by WEP repeal have similar concerns about how this works with spousal benefits? The SSA website isn't clear about how these two situations interact.
16 comments
Mei Liu
You've got a couple different issues happening at once. For the WEP repeal, SSA should automatically recalculate your benefits and issue retroactive payments back to December 2023 when the change went into effect. This is separate from your spousal application. Regarding spousal benefits, you're correct that they can be retroactive up to 6 months from your protective filing date, but they'll never go back further than your eligibility date. When the spousal benefit starts, you'll receive the higher of either your own benefit (newly calculated without WEP) OR the spousal benefit amount, not both. My advice: During your March 18 call, specifically ask the agent about both issues. Make sure they understand you're affected by the WEP repeal AND applying for spousal benefits. Ask them to explain the timeline for both adjustments and how they'll interact.
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AstroAdventurer
•Thank you for clarifying! That helps a lot. I was worried they might just skip over the WEP backpay and go straight to spousal. So if I understand correctly, I should see two separate adjustments - first the WEP recalculation with retroactive pay to December 2023, and then separately they'll determine my spousal benefits? I'll definitely make sure to ask about both during my call.
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Liam O'Sullivan
My husban is in THE SAME boat!!! He worked for county gov and got hit with wep for YEARS. Now theyve been soooo slow with the backpay, its been months. When he called they just said "be patient" which is EASY for them to say!!!
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AstroAdventurer
•It's so frustrating! How long has your husband been waiting since December? I'm worried about how long this might take, especially with my spousal benefits interview coming up soon. Did they give him any timeline at all?
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Amara Chukwu
I went through something similar last year with a different benefit situation (not WEP related). When you have your phone interview, make sure you clearly state that you're owed retroactive payments from the WEP repeal BEFORE your spousal benefits begin. They should handle these as two separate adjustments. FYI - Retroactive payments are typically issued as a separate one-time payment, while ongoing benefits will be adjusted going forward. Make sure you get the rep's name and direct line if possible, because you might need to follow up. In my experience, trying to reach someone at SSA by phone is nearly impossible these days. I ended up using Claimyr.com which got me through to an agent in about 15 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - it saved me so much frustration when I was dealing with my complicated benefit situation.
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Giovanni Conti
•do they charge for that service? seems like it might be worth it cuz i tried calling ssa 5 times last month and never got thru
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Fatima Al-Hashimi
The WEP repeal is creating a lot of confusion. Here's what you need to know: 1) The WEP elimination is being processed automatically for all affected beneficiaries. SSA is working through these adjustments and will issue retroactive payments back to December 2023. This process is taking time due to the volume of recalculations. 2) Your spousal benefit application is being processed separately. During your interview, they'll determine if you're eligible and calculate the amount you're entitled to receive. 3) You will NOT lose any money you're entitled to. If your recalculated benefit (post-WEP) is still lower than your spousal benefit, you'll receive: - Back payments for your recalculated non-WEP benefit from December 2023 until spousal benefits begin - The higher spousal benefit amount going forward Have all your documents ready for your phone interview, including proof of marriage and your spouse's SSN. Make sure to specifically mention that you're affected by the WEP repeal and ask how that interacts with your spousal application.
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AstroAdventurer
•This is extremely helpful - thank you! I was so worried that somehow applying for spousal would make them skip my WEP backpay. I'll make sure to have everything ready for the call and specifically mention both issues. It's frustrating that they're taking so long with the WEP adjustments, but at least I understand the process better now.
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NeonNova
Does anyone know if they're prioritizing certain cases for the WEP adjustments? I've been waiting since January and haven't seen any changes yet. I'm worried that if I call about it, I'll somehow end up at the bottom of the pile or something. The whole system is so confusing!!!
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Dylan Campbell
•From what I heard they're processing in batches based on some internal system. Nobody knows the exact order. My friend got his adjustment last month but I'm still waiting for mine.
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Mei Liu
To clarify one more thing: when your WEP is recalculated, your own benefit amount will increase. Then when they calculate your spousal benefit, it will be based on your spouse's record. You'll receive the higher of the two amounts. The retroactive payments should work like this: - You'll get retroactive payments for your recalculated (non-WEP) benefit from December 2023 to present - If you're approved for spousal benefits with a retroactive date that overlaps with the WEP adjustment period, you'll get the DIFFERENCE between your new non-WEP amount and the spousal amount for that overlapping period (assuming spousal is higher) In my experience, it helps to write all this down before your call so you can be very specific about what you're asking.
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AstroAdventurer
•Thank you! That explanation about the overlapping period is exactly what I was confused about. I'll definitely write all this down before my call. It's such a relief to understand the process better now.
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Liam O'Sullivan
ANYONE else notice how they NEVER explain this stuff clearly on their website?? It's almost like they WANT us to get confused and give up! My sister worked for the post office and got hit with WEP AND GPO and shes been fighting for months to get everything straightened out.
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Giovanni Conti
•omg yes!!! their website is the worst. i spent hours looking for simple answers and ended up more confused than when i started
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Fatima Al-Hashimi
One more important point: keep detailed records of everything. Write down the date of your call, the representative's name and ID number if they provide one, and take notes about what they tell you. If something doesn't happen as promised, these notes will be essential when you follow up. Also, be aware that the WEP recalculations are being done in phases, and there have been reports of some taking longer than others. If you don't see your adjustment within a month after your call, it would be reasonable to follow up.
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AstroAdventurer
•That's great advice. I'll definitely keep detailed notes during the call. Do you happen to know if they can give me a timeline for when to expect the WEP recalculation to be completed? I'm trying to plan my finances accordingly.
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