< Back to Social Security Administration

AstroAdventurer

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been receiving significantly reduced benefits because of the Windfall Elimination Provision, but now that it's been repealed I should be owed retroactive payments dating back to December 2023.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.

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.

0 coins

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.

0 coins

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!!!

0 coins

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?

0 coins

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.

0 coins

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

0 coins

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.

0 coins

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.

0 coins

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!!!

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

omg yes!!! their website is the worst. i spent hours looking for simple answers and ended up more confused than when i started

0 coins

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.

0 coins

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.

0 coins

Emma Wilson

•

I'm going through a very similar situation! I was affected by WEP for over a decade and just got my spousal benefits approved last month. Here's what actually happened in my case: The SSA representative told me they process the WEP recalculation first, then apply spousal benefits. I received my WEP backpay in two separate payments - one large lump sum for the period from December 2023 to when my spousal benefits kicked in, then the difference between my recalculated benefit and the higher spousal amount for any overlapping months. The whole process took about 6 weeks from my phone interview to receiving all payments. Make sure to ask during your call if they can expedite your WEP recalculation since you have the spousal application pending - sometimes they can coordinate the timing better. One thing that helped me was bringing up both issues right at the beginning of the call so the rep could see the full picture. Good luck with your interview on the 18th!

0 coins

JaylinCharles

•

This is incredibly helpful to hear from someone who actually went through the process! Six weeks doesn't sound too bad, and I love the tip about asking them to expedite the WEP recalculation since I have the spousal application pending. I hadn't thought about coordinating the timing like that. Did they give you any kind of confirmation or reference number when they said they would expedite it? I want to make sure I ask for the right thing during my call.

0 coins

Alexis Renard

•

I'm dealing with a similar WEP situation and this thread has been so helpful! I've been waiting for my WEP recalculation since February and haven't heard anything yet. Reading about everyone's experiences gives me hope that it will eventually get sorted out. One question for those who have been through this - did any of you get any kind of written confirmation about your WEP adjustment timeline? I called last month and the rep said they'd "look into it" but I never got any follow-up. I'm wondering if I should call again or just keep waiting. Also, @AstroAdventurer - definitely ask during your March 18 call if they can put a note on your file connecting the WEP recalculation to your spousal benefits application. That way if different departments are handling each issue, they'll know they're related. Good luck with your interview!

0 coins

Emma Garcia

•

I haven't received any written confirmation about my WEP adjustment timeline either - just verbal assurances during phone calls. It sounds like that's pretty typical based on what others are saying here. Since you called last month and haven't heard back, I'd probably call again, especially since "look into it" sounds pretty vague. When I call on the 18th, I'll definitely ask about putting a note connecting both issues - that's a great suggestion! It would be so much easier if they handled these things more systematically instead of making us piece everything together ourselves.

0 coins

As a federal retiree who was hit hard by WEP for 15 years, I want to share what I learned during my own spousal benefits process last year (before the WEP repeal). The key thing to understand is that SSA treats these as completely separate calculations, which actually works in your favor. When you have your March 18 interview, be very clear that you need both issues addressed: "I'm applying for spousal benefits AND I'm affected by the WEP repeal that should give me retroactive payments back to December 2023." Don't assume they'll automatically connect the dots. Here's what you should specifically ask for: 1) A timeline for your WEP recalculation and backpay 2) How the spousal benefits will be calculated once your WEP-free benefit amount is determined 3) Whether they can coordinate the processing of both issues to avoid delays The good news is you won't lose any money you're entitled to. You'll get your WEP backpay for the period before spousal benefits start, then the higher amount going forward. Just make sure to get the rep's direct number and a reference number for both issues so you can follow up if needed.

0 coins

This is exactly the kind of detailed advice I was hoping to find! Thank you for sharing your experience as someone who actually went through this process. I really appreciate the specific questions you've outlined - I'm going to write those down word for word to make sure I cover everything during my call. It's reassuring to know that someone who dealt with this for 15 years confirms that I won't lose any money I'm entitled to. Getting the rep's direct number is such a smart tip too - I never would have thought to ask for that. This whole thread has been incredibly helpful in preparing me for what to expect!

0 coins

Ryan Andre

•

I'm a newcomer to this community but found this thread incredibly informative as someone who might be facing a similar situation soon. My mother worked as a teacher for 30 years and has been affected by WEP, so I've been trying to help her understand how the repeal might impact her benefits. Reading through everyone's experiences here has been eye-opening - especially the advice about being very specific during phone calls with SSA and asking for direct contact information and reference numbers. It sounds like the key is to be proactive and clearly connect all the different issues you're dealing with rather than assuming they'll figure it out on their own. @AstroAdventurer - I hope your March 18 call goes smoothly! It sounds like you're well-prepared now with all the great advice from this thread. Please consider updating us on how it goes - I'm sure others in similar situations would benefit from hearing about your actual experience with the process. Thank you to everyone who shared their knowledge and experiences. This is exactly the kind of community support that makes navigating these complex government systems more manageable!

0 coins

Aisha Rahman

•

Welcome to the community! It's great that you're helping your mother navigate this - having someone advocate for you makes such a difference when dealing with SSA. Your mother's situation as a teacher affected by WEP for 30 years means she's likely entitled to significant retroactive payments from the repeal. I'd suggest she call SSA soon if she hasn't already, since the processing seems to be taking several months and it's better to get in the queue earlier rather than later. The advice in this thread about being specific and asking for reference numbers applies to her situation too. Thanks for the well wishes on my March 18 call - I'll definitely post an update afterward to share how it actually goes!

0 coins

This thread has been incredibly helpful! I'm also dealing with WEP repeal issues but haven't applied for spousal benefits yet. Reading everyone's experiences makes me realize I should probably call SSA soon to check on my WEP recalculation status - I've been waiting since January and haven't heard anything. One thing I'm curious about - for those who have received their WEP backpay, did it come as a direct deposit or a check? And did you get any advance notice that the payment was coming? I want to make sure I'm watching for it in the right place and don't miss any notifications. Also, @AstroAdventurer, the advice about writing down specific questions before your call is so smart. I think I'll do the same when I finally work up the courage to call them. The phone system is so frustrating but it sounds like it's worth pushing through to get answers directly from a representative.

0 coins

Liam McGuire

•

I'm new here but have been following this discussion closely as I'm in a very similar situation. From what I've read in other forums, the WEP backpay typically comes as direct deposit if that's how you normally receive your Social Security benefits, but some people have reported getting checks for the lump sum retroactive payments. I haven't seen anyone mention getting advance notice - it seems like the payments just show up, which is why keeping detailed records of your calls is so important so you know what to expect. The phone system really is terrible, but this thread has convinced me that it's worth the hassle to get a real person on the line. @AstroAdventurer's situation with the spousal benefits timing makes it even more critical to talk to someone who can see the big picture. Good luck when you call - and please share your experience too since we're all learning from each other's situations!

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today