< Back to Social Security Administration

Social Security claim approved despite WEP concerns - applied after repeal signed in 2025

I'm still in shock at how smoothly everything went! I turned 67 (my FRA) in November last year but held off applying for Social Security because I worked for a state government job for 18 years that didn't pay into SS, so I was going to get hit with that dreaded Windfall Elimination Provision (WEP). Everyone told me my benefit would be slashed by 40%! When I heard rumors about the WEP repeal gaining traction in Congress, I decided to wait and see what happened. Best decision ever! After the repeal was finally signed on January 5th this year, I submitted my application online on January 12th. I honestly expected to wait months with no communication, but got a call from an SSA agent TODAY! She confirmed my primary benefit AND my spousal excess benefit (my wife was the higher earner) were both approved without any WEP reduction. My first payment of $2,850 will arrive in March! Just wanted to share a positive experience for once. The agent was knowledgeable, answered all my questions about how they calculated my PIA, and even explained why my Medicare premium seemed higher than expected (IRMAA from 2023 income). For anyone holding off because of WEP concerns - now's definitely the time to apply!

Chloe Anderson

•

congrats!! but wait i'm confused... I thought they didnt actually get rid of WEP completely?? my husband works for railroad and doesnt pay SS taxes, we were told he'd still get reduced when he retires next year. did they completely eliminate the WEP or just change it??

0 coins

Diego Vargas

•

There's been a lot of confusion about this. The WEP repeal that was signed on January 5, 2025 completely eliminates the provision for anyone who reaches age 62 after December 31, 2024. For those who were already 62 before that date (like your husband might be?), there's a gradual phase-out of the WEP reduction over the next 10 years. Railroad workers are actually a special case though - they pay into the Railroad Retirement system instead of Social Security. This is different from non-covered government employment. Your husband might be subject to a different set of rules based on his Railroad Retirement benefits. You should check with a benefits specialist who understands the interaction between Railroad Retirement and Social Security benefits.

0 coins

It's so refreshing to hear something positive about SS for once! I'm about to turn 65 myself but still working. Wasn't planning to file until 70 to max out my benefit. Did they explain anything about how retroactive payments work if you're past FRA?

0 coins

Omar Fawaz

•

Thanks! They did mention retroactive benefits - since I was already past my FRA when I applied, I could have requested up to 6 months of retroactive payments. But I deliberately chose not to since I only waited 2 months past my FRA and wanted my official start date to be in 2025 (after the WEP repeal took effect). If you wait until 70, you'll get delayed retirement credits (8% per year after FRA) but no retroactive payments beyond that 6-month window.

0 coins

StarStrider

•

Oh man this gives me hope! I've been trying to call SSA for THREE WEEKS about my WEP situation (worked 15 years in TX school system without paying SS). Every time I call, I wait on hold for an hour then get disconnected??? How did you get someone to actually call YOU? I'm starting to think nobody actually works there lol.

0 coins

Omar Fawaz

•

I actually didn't do anything special to get them to call me - they reached out after reviewing my online application. But I know how frustrating those phone waits can be! My neighbor recommended using a service called Claimyr that basically waits on hold with SSA for you, then calls you when an agent is about to answer. I didn't need it this time, but she swears by it. I watched their demo video (https://youtu.be/Z-BRbJw3puU) and it seemed pretty straightforward. Website was claimyr.com I think? Might be worth checking out if you keep getting disconnected.

0 coins

Sean Doyle

•

Wait, I thought spousal benefits were going away with the new changes???

0 coins

Diego Vargas

•

No, spousal benefits aren't going away. You might be confusing this with the changes to the claiming strategies that happened back in 2015 (the Bipartisan Budget Act eliminated file-and-suspend and restricted application strategies). Spousal benefits are a fundamental part of Social Security and remain available. If you're eligible for your own retirement benefit and a spousal benefit, you'll receive whichever amount is higher. If your own benefit is higher than the spousal benefit, you simply get your own. If the spousal benefit is higher, you get your own benefit plus the difference (called the "excess spousal benefit"), which appears to be what happened in the original poster's case.

0 coins

Zara Rashid

•

I'm in a similar situation but totally stuck in the application process. My question is about the timing - I'm worried that if I wait any longer (I'm already 4 months past my FRA), I'm going to lose more benefits. But the online application is asking me about my government pension, and I'm not sure how to answer now that WEP is repealed. Did your online application have special instructions about this? Did you indicate you had a non-covered pension or not? I'm so confused and nobody answers the phones!

0 coins

Omar Fawaz

•

Yes, the online application still asked about non-covered government employment. I answered truthfully and listed my state pension. Since the law has changed, they're now processing applications with the new rules in mind. The agent who called me specifically mentioned that they're updating their systems to reflect the WEP repeal, so don't worry about that part of the application triggering a reduction. Just answer honestly and they'll apply the new rules. And about timing - remember you can get up to 6 months of retroactive benefits if you're past FRA, so you haven't permanently lost those 4 months of benefits. You can request them to be paid retroactively when you apply.

0 coins

Luca Romano

•

Congratulations on your successful application! Just a friendly note for others reading this thread: the WEP repeal is a significant change to Social Security that affects many public servants. To clarify a few technical points: 1) The repeal eliminates WEP for those reaching age 62 after December 31, 2024 2) For those already subject to WEP, there's a 10-year phase-out period 3) The Government Pension Offset (GPO) that affects spousal/survivor benefits for government pensioners was NOT repealed If you have a non-covered pension and are considering applying for Social Security, it's still important to understand how these changes specifically affect your situation. The timing of your application can make a significant difference in your benefit amount, especially during this transition period.

0 coins

Zara Rashid

•

This is extremely helpful! I'm trying to decide if I should apply now or wait a bit longer. My question is about GPO - my spouse worked for federal government under CSRS (didn't pay into SS) and I worked in private sector my whole career. Since she gets a government pension, will I still have my spousal benefits reduced by 2/3 of her pension amount? I thought both WEP and GPO were repealed?

0 coins

Luca Romano

•

Unfortunately, only WEP was repealed, not GPO. The Government Pension Offset still remains in effect, which means your spousal benefit based on your wife's record could be reduced by two-thirds of your government pension amount. This is a common misunderstanding, as many people hoped both provisions would be eliminated together. If your spouse worked under CSRS and didn't pay into Social Security, her own Social Security benefit (if she has one from other work) would have been affected by WEP, but that's no longer the case with the repeal. However, since you're asking about your spousal benefit based on her record, GPO doesn't apply here because GPO only affects government pensioners receiving spousal benefits. The more relevant question is whether your spouse earned enough Social Security credits from any work outside CSRS to qualify for benefits at all. If she didn't, there wouldn't be a spousal benefit for you to claim on her record.

0 coins

StarStrider

•

This is why the whole system makes my head EXPLODE!! So many rules and exceptions to rules! I've been trying for months to figure out if I'm affected by WEP or GPO or both because I worked part-time under SS and part-time for a school district that didn't pay SS taxes. Every time I finally get through to someone at SSA, I get a different answer! One person says I'm WEP-affected, another says I'm not because I don't have enough quarters in the non-covered job. I seriously think nobody at SSA understands their own rules!

0 coins

Diego Vargas

•

Your experience is exactly why so many fought for the WEP repeal. It's a positive step toward fairness for public servants who've been penalized for decades. For anyone else in a similar situation: if you're close to retirement age and were delaying your application because of WEP, it's worth reconsidering now. For those still confused about whether they should apply, here's a quick checklist: 1. If you'll be 62+ after Dec 31, 2024: No WEP reduction at all 2. If you were 62+ before Dec 31, 2024: WEP reduction gradually phases out over 10 years 3. If you're already receiving benefits: Your WEP reduction will gradually decrease The best advice is to create a my.ssa.gov account and check your estimated benefit amount. Then consider consulting with a financial advisor who specializes in Social Security claiming strategies, especially if you have a complex situation involving government pensions.

0 coins

Chloe Anderson

•

do you know if this affects people who worked outside the US? my husband worked in canada for 12 years and gets a small canadian pension. when he applied for SS last year they reduced his benefit because of the canadian pension. is that WEP too? will he get an increase now?

0 coins

Diego Vargas

•

Yes, the WEP repeal does affect people who worked abroad and receive foreign pensions from countries that have totalization agreements with the US (like Canada). The Windfall Elimination Provision applied to foreign pensions from work not covered by US Social Security taxes, similar to how it affected US government pensions. Your husband's situation should be reviewed under the new rules. If he was already receiving reduced benefits due to WEP, he should see his benefit gradually increase over the next 10 years as the WEP phase-out is implemented. The Social Security Administration should automatically adjust his benefit amount - he doesn't need to take any action. However, it's always a good idea to contact SSA to confirm this is being handled correctly in his specific case. Keep in mind that international cases can be complex, and you might want to speak with an agent who specializes in international benefits.

0 coins

That's interesting about foreign pensions! I used to work as a teacher in Australia for 5 years and have a small pension there too. Good to know this might help my benefit calculation when I finally retire next year.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,763 users helped today