Social Security WEP/GPO offset affecting my survivor benefits - confused about retroactive payments
I've been dealing with the WEP/GPO reduction due to my state pension from 32 years of teaching. With all the talk about possible repeal, I decided to switch from my own Social Security benefit to my late husband's survivor benefit. I called SSA on January 12th and finally got an appointment for February 3rd. The representative confirmed I was eligible for survivor benefits but said the GPO offset would still reduce my payment significantly. She also mentioned I could receive 6 months of retroactive benefits (going back to August 2023). Here's what's confusing me: If Congress repeals the WEP/GPO later this year, will my retroactive payments be recalculated? For example, if I get 6 months of reduced payments now (with GPO applied), will SSA later give me the difference for those same 6 months once the offset is eliminated? Or would I only get the full amount going forward from the repeal date? Since I just applied in February 2024, will retroactive payments only apply to the survivor benefits or also to my own record? The rep wasn't clear about this and I can't get through on the phone again. Has anyone dealt with retroactive benefits being adjusted after a policy change?
16 comments
Nia Thompson
im in almost the exact same situation (teacher's pension from TX, survivor benefits from my husband). i applied last month and asked the SAME question!!! They told me that IF the WEP/GPO gets repealed, they would NOT automatically adjust my past payments. They said i would have to specifically request a review!!! which makes no sense to me because they should just fix it automatically. so frustrating!!! but at least apply asap cause then u get the max retroactive period possible!
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Luca Greco
•Thanks for sharing your experience. Did they tell you how to request that review if the repeal happens? I wonder if there will be a specific form or process. I'm definitely going to apply right away, but I'm worried about missing out on the full benefit amount for those retroactive months.
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Mateo Rodriguez
Just so you know, you can't count on the WEP/GPO repeal happening. They've been trying to repeal it for YEARS and it never gets through. I also have a state pension (30+ years in public works) and lost 2/3 of my SS benefits because of it. The SSA reps have no idea what will happen with retroactive benefits because Congress hasn't even passed anything yet. Best advice - plan as if the repeal won't happen, and if it does, treat it as a bonus.
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Aisha Hussain
•This is the right answer!! My mom waited for YEARS thinking they would repeal it and she just kept getting older and had less time to enjoy any benefits. Take what you can get NOW!
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GalacticGladiator
To answer your specific question about retroactive benefits: If WEP/GPO is repealed, how those retroactive payments would be handled would depend entirely on the specific language in the legislation. Some potential outcomes: 1. The legislation could specify that benefits are only adjusted going forward from the effective date 2. It could allow for recalculation of benefits previously paid during a specific lookback period 3. It could create a special one-time adjustment for those already receiving reduced benefits Currently, the most prominent bill (Social Security Fairness Act) doesn't specify exactly how retroactive benefits would be handled. You are entitled to retroactive survivor benefits for up to 6 months from your application date, but these would be calculated using current rules with GPO applied. I recommend submitting a written statement with your application specifically noting that you wish to preserve your right to any retroactive adjustments should the law change during the period covered by your retroactive benefits. This creates a record in your file that might help if favorable legislation passes.
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Luca Greco
•Thank you for such a detailed explanation! I never thought about submitting a written statement with my application. That seems like a smart way to document my intention. Do you know if there's any specific wording I should use, or just a general statement about preserving my rights to adjustments if the law changes?
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Ethan Brown
I went through this exact process last year with my teacher's pension and survivor benefits. The important thing to understand is that retroactive benefits for survivor claims can go back 6 months from your application date, but no further. In your case, since you applied in January 2024, the earliest month you could receive benefits for would be July 2023. Regarding the WEP/GPO repeal question: The SSA doesn't make these determinations until legislation actually passes. Every bill has different implementation rules. But based on past legislative changes to Social Security, if a repeal happens, it would likely include specific language about whether the changes apply retroactively. My advice: Make sure your application is fully processed now to lock in your retroactive period. Then stay informed about the legislation - if it passes, contact SSA immediately to request a review as the other commenter mentioned.
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Yuki Yamamoto
•I tried calling SSA about a WEP issue last month and sat on hold for over 2 hours before getting disconnected. Tried again and same thing happened! Finally I discovered this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - total lifesaver when you need to follow up on something like retroactive benefit recalculations if the repeal goes through. I was able to get my WEP questions answered and get my benefit amount recalculated correctly.
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Carmen Ruiz
WAIT you might be missing something important here!!! Did the rep look at BOTH options? Sometimes switching to survivor benefits isn't the best move even with WEP/GPO! My wife's survivor benefit after GPO was actually LESS than her own retirement benefit after WEP! The calculations are completely different. Make sure they showed you BOTH amounts with the reductions applied!
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Luca Greco
•Oh no, I didn't think about that! The rep did mention numbers for both options, but I was so focused on the GPO issue that I'm not sure I fully processed the comparison. My own benefit after WEP was about $875/month, and she said the survivor benefit would be around $1,240 after GPO. But I should double-check those calculations before making the switch permanent.
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Ethan Brown
One additional detail: retroactive payments for widow/widower benefits can actually go back up to 12 months (not just 6) if it would result in a higher benefit amount than taking your retirement benefit. This is one of the exceptions to the normal 6-month retroactive limit. However, this depends on your full retirement age and when you applied for your own benefits originally. Also, be aware that if your teacher's pension didn't require you to pay into Social Security (many don't), the GPO reduction is typically 2/3 of your pension amount. For example, if your monthly pension is $3,000, your Social Security survivor benefit would be reduced by $2,000. If you're having trouble getting answers from SSA, I recommend writing down all your questions and bringing them to your local office. Phone representatives often have less specialized knowledge about complex WEP/GPO situations than the technical experts at field offices.
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Luca Greco
•That's interesting about the 12-month retroactive period possibility. The rep definitely only mentioned 6 months to me. You're right about my pension - I didn't pay into Social Security during those years, and they are using the 2/3 reduction. My pension is about $4,875/month so the offset is substantial. I think I'll follow your advice and make an in-person appointment with specific written questions. Thank you!
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Nia Thompson
one more thing - make SURE u get the repeal info from SSA directly if it happens!! my neighbor thought it was repealed last year because of some facebook post she saw and it was TOTALLY FALSE!!! she went to SSA all excited and they had to tell her it was fake news!!! there's sooooo much misinformation about WEP/GPO repeal!!
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Aisha Hussain
•OMG yes! My uncle saw the same thing and told everyone in the family the repeal happened! Then we all had to figure out it wasn't true. Don't trust anything unless it comes from SSA.gov directly!
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GalacticGladiator
To address your follow-up question about wording for a written statement: Keep it simple and factual. Something like: "I am applying for survivor benefits on January 8, 2024. I understand these benefits are currently reduced due to the Government Pension Offset (GPO). I am requesting that if legislation is enacted that modifies or repeals the GPO during the period covered by my retroactive benefits, that my benefits be recalculated accordingly. I would like this statement to be included as part of my application record." Sign and date it, and ask for a copy with a receipt stamp. This won't guarantee anything, but it creates a record of your request that could be helpful depending on how any future legislation is worded.
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Luca Greco
•This is perfect! Thank you so much for the specific wording. I'll prepare this statement and bring it with me to my next appointment. At least this way I'll have documentation of my request in case the legislation does pass with retroactive provisions.
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