Social Security spousal benefits confusion with foreign pension after GPO repeal - can I get retroactive payments?

Your situation is complicated but I think I can help. First, you're right that foreign pensions don't trigger GPO - this has actually been SSA policy for years, despite what that explainer said. However, retroactive spousal benefits are generally limited to 6 months from your filing date, so at best you might get back to June/July 2023 depending on when they consider your application complete. The GPO/WEP repeal doesn't change this retroactivity limit. What's most concerning is that you were given incorrect information that prevented you from applying earlier. You might want to consider filing a "misinformation claim" with SSA using Form SSA-795, explaining how their incorrect information caused you to delay filing. In some cases, they'll establish an earlier protective filing date. Just be prepared with documentation showing you relied on their information to your detriment.

What's unusual about your case is the foreign pension aspect. I went through something similar with my UK pension. Here's what I learned: even before the GPO/WEP repeal, foreign pensions were NOT supposed to trigger GPO for spousal benefits. That's been policy for years! You definitely should be eligible for retroactive benefits, but probably only for 6 months from your application date. The SSA-795 misinformation form the previous commenter mentioned is exactly right - I've seen it work for people who received wrong info from SSA. One thing to note: Have you verified that your citizenship status is correctly recorded in SSA's system? That could affect your eligibility too.

have u tried their online mysocialsecurity account??? sometimes u can see ur status there without calling. but sounds like u need to talk to someone about that misinformation thing. good luck getting thru tho, took me 4 days of calling to reach anyone!!

I just went through this exact situation with my husband who has a pension from Germany! The key is getting through to someone who actually understands the foreign pension rules. After weeks of being disconnected or getting wrong info from regular agents, I found a solution: I used Claimyr.com to connect with SSA without the endless wait times. They got me through to an agent in minutes who transferred me to a technical expert who fixed everything. Check out their demo at https://youtu.be/Z-BRbJw3puU - it saved me hours of frustration. The specialist I finally talked to confirmed foreign pensions NEVER triggered GPO, and they approved my husband's spousal benefits with 6 months retroactivity. For anything beyond 6 months, you definitely need to file that misinformation claim the others mentioned.

THIS IS INFURIATING!!! The SSA has been DELIBERATELY MISLEADING people for YEARS about foreign pensions!!! I've been fighting this exact issue with my Italian pension for over a decade, and they kept denying me until I got a lawyer involved. It's not just about the 6 months retroactive - if you can PROVE they gave you wrong information, you CAN get benefits back to when you first COULD have applied!!! DON'T let them get away with the "we can only go back 6 months" line! That's for normal situations, not when THEY screwed up! The POMS manual is their INTERNAL rules, and it CLEARLY states foreign pensions don't count! They should have known their own rules!

My sister went thru something similar. The 6 month rule is pretty strict but with the missinformation form thing she got back like 9 months I think. Not all the way to when she couldve first applied tho. Good luck man

I'm confused about one thing - aren't spousal benefits affected by the age when you claim them? Like if your wife claimed at 62, wouldn't that reduce what you get too? Or is that only for your own benefits? Sorry if that's not relevant to your question.

Just wanted to update everyone. I was finally able to speak with someone at SSA thanks to the Claimyr service mentioned above. The agent confirmed that foreign pensions don't trigger GPO (and never did). I've been approved for spousal benefits with 6 months of retroactive payments for now. I'm also filing the misinformation claim (SSA-795) to try to get benefits back to when my wife first started collecting in 2020. The agent seemed to think I have a strong case since their own published materials contained contradictory information. I'll update again when I hear about the misinformation claim. Thanks everyone for your helpful advice!

Congratulations on getting through to SSA and getting your spousal benefits approved! Your case is a perfect example of why it's so important to push back when something doesn't seem right. The fact that you found contradictory information in their own publications (the 2016 Program Explainer vs. POMS TN 41) shows this wasn't just a simple misunderstanding - it was a documentation issue on their end. For your misinformation claim, I'd recommend being very detailed about the timeline - specifically that you could have applied as early as 2020 when your wife started collecting, but relied on the incorrect 2016 SSA publication that stated foreign pensions would trigger GPO. Since you were already past your FRA in 2018, there was no reason to delay once your wife started collecting. The key is showing you acted reasonably by relying on official SSA guidance. Keep us posted on how the SSA-795 claim goes - your experience could help others in similar situations!