Social Security survivor benefits reduced due to GPO even though I cashed out city pension - should I appeal?
I'm really confused about the GPO (Government Pension Offset) and how it's affecting my survivor benefits. I worked for my local county government from 1987-1995 (about 8 years). When I left to raise my kids, I cashed out my retirement account - it was around $13,500 total, and I paid taxes on it at the time. I never received an actual pension from this job. Fast forward to now - I'm receiving survivor benefits after my husband passed away last year, and I just got a letter saying my benefit is being reduced by $50/month because of GPO. When I went to the Social Security office to ask why, the representative just said it was because of my government work, but I didn't get to speak with a specialist. I don't understand how I can be penalized for a pension I never received! I took the lump sum cash-out over 25 years ago. Should I request a reconsideration or formal appeal? Has anyone dealt with something similar? The reduction isn't huge, but it feels wrong since I never actually got a pension.
18 comments


Tobias Lancaster
I dealt with EXACTLY this situation last year! The GPO rules are so confusing and unfair. Even if you took a lump sum instead of a pension, SSA still counts it against you. I fought my reduction and won after three months of back and forth. You need to speak with a GPO specialist and bring documentation showing exactly what you received as a lump sum and when. The fact that you paid taxes on it at the time is important - bring those old tax records if you still have them. One thing that helped me was using Claimyr (claimyr.com) to actually reach someone at SSA who understood GPO rules. I was getting nowhere with the regular phone line - always disconnected or 2+ hour waits. With Claimyr, I got through to an actual person in under 10 minutes who scheduled me with a technical expert. You can see how it works here: https://youtu.be/Z-BRbJw3puU Don't give up! The principle matters and that $50/month adds up over time.
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Sophia Gabriel
•Thank you so much for sharing your experience! I'm relieved to hear someone else went through this and was successful. I'll definitely try to find my old tax records, though it might be challenging after all these years. Did you file a formal appeal or just keep talking to different representatives until you found someone who understood?
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Ezra Beard
This is a common misunderstanding with GPO. Under current rules, if you worked in a government job where you didn't pay Social Security taxes AND you receive a pension based on that work, your SS survivor benefits can be reduced by 2/3 of your government pension. The critical factor in your case is whether you're actually subject to GPO based on taking the lump sum. According to SSA's Program Operations Manual System (POMS section GN 02608.100), if you took your pension as a lump sum, SSA will calculate what your monthly pension would have been had you not taken the lump sum. This is what they're reducing your survivor benefits by. However, there are exceptions. If your government employment ended before July 1, 2004, and you took the lump sum before applying for Social Security benefits, different rules might apply. You should definitely request a reconsideration. Ask specifically for a GPO technical expert to review your case.
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Statiia Aarssizan
•wait so if u took a lump sum it stil counts as a pension?? thats mess up... system is rigged against regular ppl
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Sophia Gabriel
•Thank you for the detailed explanation. My government employment ended in 1995, well before that July 2004 date you mentioned. That seems important! I'll definitely request a reconsideration and ask for a GPO technical expert. Is there specific language I should use when filing the request?
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Reginald Blackwell
I went through something similar with WEP (not GPO, but similar concept). The SSA is notorious for applying these offsets incorrectly!! In my experience, the front-line reps often don't understand the nuances of these provisions. When you request reconsideration, be VERY specific about the dates of your employment and when you received the lump sum. The fact that you worked for the government BEFORE 2004 AND took your lump sum back then might exempt you completely! Also, do you know if your government employer participated in a Section 218 Agreement? If they did, and you paid Social Security taxes on those earnings, GPO shouldn't apply at all! Check your old pay stubs if you have them to see if SS taxes were withheld.
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Sophia Gabriel
•You know, I'm not sure if my employer had a Section 218 Agreement. I'll have to look into that. I *think* I remember paying Social Security taxes during that job, but it was so long ago. Would my Social Security statement show those earnings if I was paying SS taxes at the time?
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Aria Khan
Yes, definitely appeal this! The Social Security regulations on GPO are complicated, especially with lump sum withdrawals from non-covered employment. Here's what I understand from working similar cases: 1. If you ended government employment before 7/1/2004 AND took your lump sum before applying for SSA benefits, your survivor benefits MIGHT be exempt from GPO 2. If your government job was covered by both their pension system AND Social Security (you paid SS taxes), then GPO doesn't apply at all Request a reconsideration within 60 days of receiving the notice. On the form, specifically say: "I believe GPO should not apply because my government employment ended before July 1, 2004, and I took a lump sum distribution before applying for survivor benefits. I request review by a technical expert familiar with GPO exceptions under POMS GN 02608.100." Also, check your Social Security earnings record. If those government years show earnings, that's evidence you paid into Social Security during that employment.
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Everett Tutum
•Good advice but the POMS citation is wrong, I think? It should be GN 02608.102 for lump sum payments: "...if a lump-sum payment (with or without a subsequent monthly pension) is received..." my sister had to deal with this last yr
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Sophia Gabriel
•Thank you for the detailed advice! I just checked my Social Security statement online, and it does show earnings for those years I worked for the county. Does that definitely mean I was paying SS taxes during that time? If so, it sounds like GPO shouldn't apply at all!
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Sunny Wang
i don't get why this gpo thing exists anyway... if ur spouse worked all their life and EARNED survivor benefits why shud it matter if u had some tiny gov job decades ago??? the whole thing is just another way gov takes $ from seniors IMO
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Statiia Aarssizan
•EXACTLY!! all these complicated rules just to save the govt money at our expense. my dad worked 45 YEARS and my mom only gets half his benefit bc she taught school for 10 yrs! how is that fair???
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Ezra Beard
If your Social Security statement shows earnings for your government employment years, that's a strong indicator that you were paying Social Security taxes during that employment. This is critical because GPO only applies to "non-covered" government employment (where you didn't pay SS taxes). Based on what you've shared: 1. You worked in government employment that ended before 2004 2. You took a lump sum rather than receiving a pension 3. Your SS statement shows earnings during those years All three factors suggest you might be completely exempt from GPO. I strongly recommend requesting a reconsideration and specifically asking for review by someone who specializes in GPO rules. Bring a printed copy of your SS earnings statement showing those years. The fact that they only reduced your benefit by $50 suggests they calculated a small theoretical pension amount, but if you were actually paying into Social Security during that job, that's a moot point because GPO shouldn't apply at all.
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Sophia Gabriel
•Thank you so much for this clarification! I'm feeling much more confident about filing for reconsideration. I'll download my earnings statement today and gather whatever tax records I can find from that period. I really appreciate everyone's help - this has been so confusing to navigate.
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Everett Tutum
My aunt had almost identical situation. They reduced her survivors benefit because of some county job she had in the 90s. She fought it and eventually won, but it took multiple appeals. The key was proving she paid SS taxes during that job, which sounds like you did if your SS statement shows earnings. Don't let them get away with this!
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Tobias Lancaster
•Yes! This is why I suggested Claimyr to get through to someone who actually knows the rules. Regular SSA reps often don't understand these special situations.
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Aria Khan
I want to add something important: there's a 60-day deadline to request reconsideration from the date on your notice. If you're close to that deadline, file the request immediately, even if you haven't gathered all your evidence yet. You can always submit additional documentation later during the reconsideration process. Based on everything shared here, you have a strong case for having the GPO removed completely. Good luck, and please come back to let us know the outcome!
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Sophia Gabriel
•The notice is dated about 3 weeks ago, so I still have time, but I'll definitely file the reconsideration request this week. Thank you for the reminder about the deadline! I'll update once I have some news.
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