Social Security survivor benefits backpay with GPO/WEP repeal - called before 2025 effective date
I'm turning 67 next month and lost my spouse in 2008. I've been receiving a state teacher's pension ($3,250/month) and didn't apply for survivor benefits at 60 because the GPO calculation showed I'd get exactly $0 after the reduction. With this new GPO/WEP repeal miracle finally happening, I called SSA on December 23rd to schedule an appointment about survivor benefits, but my phone appointment isn't until February 14th! The question keeping me up at night: since I called BEFORE the repeal took effect in January 2025, is there any chance I could get retroactive benefits for January and February? Or does the actual application date in February mean I lose those two months? My neighbor said I should be entitled to payments from the date I called, but that sounds too good to be true. Anyone know how SSA handles this timing issue with the new repeal?
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Carmen Vega
The law has a provision for "protective filing" where the date you first contact SSA about benefits can establish your filing date, even if the actual application comes later. Since you called in December 2024 before the GPO/WEP repeal took effect January 1, 2025, you've created a slightly complicated situation. My understanding is that you would be eligible for benefits starting from January 2025 (when the law took effect) if your February appointment results in an approved application. You won't get December benefits because the law wasn't in effect yet, but you shouldn't lose January/February.
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Yuki Kobayashi
•Thank you! That makes sense, though I'm still nervous about how they'll interpret it. Do you know if I need to specifically mention "protective filing date" during my February call? I'm worried they'll just use the February date if I don't speak up.
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Andre Rousseau
my sister went thru something similar with her disability claim. they used the date she first called not when her actual appointment happened. don't worry!!!
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Yuki Kobayashi
•That's reassuring to hear! Did she have to specifically request they use the call date or did they automatically do that?
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Andre Rousseau
•they just did it automatic i think. but mention it to be safe!!
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Zoe Stavros
The GPO/WEP repeal is confusing EVERYONE right now! I've been calling SSA for three weeks straight trying to figure out how it affects my teacher's pension and husband's benefits. NOBODY can give me a straight answer and I keep getting different information from every agent!!! One told me January 2025 is when benefits start regardless of application date, another said I'd lose months if I didn't apply before December 31st. I DON'T KNOW WHAT TO BELIEVE ANYMORE!!! 😫 The whole system is designed to make us miss out on benefits we deserve!
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Jamal Harris
•I understand your frustration, but there's actually a clear answer here. The law repealing GPO/WEP takes effect January 1, 2025. No one can receive increased benefits for months before that, regardless of when they applied. However, SSA has a protective filing process where your first contact date can protect your filing date. So anyone who contacts SSA before their actual application appointment should be able to receive benefits effective with January 2025 (or their first month of eligibility if that's later).
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GalaxyGlider
Congrats on the GPO repeal helping your situation! My mom was in a similar boat with her California teacher's pension. Quick tip: when I was helping her with benefits last year, we spent 3 hours on hold trying to reach someone at SSA. Then I found this service called Claimyr (claimyr.com) that got us through to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - might save you some frustration before your February appointment if you need to confirm anything.
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Yuki Kobayashi
•Thank you! I might need that. I've been trying to call them with follow-up questions and keep getting the dreaded "all circuits are busy" message. I'll check out that video.
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Mei Wong
Hey there! Just went through this EXACT scenario with my FRA filing during the GPO repeal transition. Your protective filing date (when you called in December) should be honored, BUT benefits can only start from the effective date of the legislation (January 2025). So you should get January and February payments eventually, but they'll come as backpay after your February appointment. Make sure to specifically mention your December call date during your appointment and ask them to note it as your protective filing date. Bring any confirmation numbers or notes from your December call as proof. Good luck!
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Yuki Kobayashi
•Thank you for sharing your experience! That's exactly what I was hoping to hear. I do have the confirmation number from December, so I'll definitely mention the protective filing date. Do you know if I'll get the back payments as a separate deposit or with my first regular payment?
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Mei Wong
•In my case, the backpay came as a separate direct deposit about 2 weeks after my first regular monthly payment. They should explain the payment schedule during your appointment, but don't be surprised if it takes an extra month for everything to process with the GPO repeal causing such a flood of new applications.
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Liam Sullivan
I thought the GPO/WEP thing was only for future retirees not people already getting benefits? Are you sure this even applies to you?
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Carmen Vega
•The GPO/WEP repeal applies to all benefits payable January 2025 and later, regardless of when someone retired. If someone was previously receiving reduced benefits due to GPO/WEP, their benefits will increase starting January 2025. If someone like the OP didn't apply previously because GPO would have eliminated their benefit entirely, they can now apply and receive benefits from January 2025 forward.
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Zoe Stavros
Make sure you bring PROOF of your December call to your February appointment!!! My cousin lost 3 months of benefits because the SSA "couldn't find record" of her earlier calls even though she had called multiple times. Print out phone records, any confirmation emails, write down the names of who you talked to... they will try to use the February date if you don't advocate for yourself!!!
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Yuki Kobayashi
•That's scary! I do have the confirmation number they gave me, and I took a screenshot of the appointment confirmation page. I'll definitely make sure to have all of that ready. It's frustrating that we have to be so defensive about this.
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Jamal Harris
Social Security representative here. Let me clarify: Under the Social Security Protection Act, we recognize the date of first contact as a protective filing date. Since you contacted us in December 2024 about survivor benefits, that date would be protected. However, because the GPO/WEP repeal doesn't take effect until January 1, 2025, your benefits could only begin with January 2025, not earlier. During your February appointment, mention your December contact date and ask that it be documented as your protective filing date. This ensures you won't lose benefits for January and February. For survivor benefits, we can pay up to 6 months retroactive benefits, but not prior to the January effective date of the GPO repeal in your case.
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Yuki Kobayashi
•Thank you so much for this clear explanation! This is exactly what I was hoping for. I'll definitely mention the protective filing date during my appointment. One more question - will they automatically calculate the correct amount with the GPO repeal, or should I specifically mention that I'm applying because of the repeal?
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Jamal Harris
•We are automatically recalculating all benefits affected by the GPO/WEP repeal for January 2025 forward. However, it's always a good idea to specifically mention that you're applying now because the GPO repeal makes you eligible when you previously weren't. This helps ensure the claims representative processes your claim correctly. Our systems have been updated for the new law, but being clear about your situation helps avoid any confusion.
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Andre Rousseau
my aunt got widow benefits and she said they backpay from when u first become eligible not from when u apply so you should get money back to when u turned 60 maybe?
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Carmen Vega
•That's incorrect in this specific situation. While survivor benefits can indeed be paid retroactively (up to 6 months), the OP wasn't eligible for benefits before January 2025 because the GPO would have reduced her benefit to $0. She only becomes eligible starting January 2025 when the GPO repeal takes effect, so there's no possibility of getting benefits back to age 60.
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