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Social Security won't let me apply for spousal benefits after GPO law change - denied half of husband's SS

I'm beyond frustrated with the Social Security office right now! I'm 72, receiving a state teacher's pension (never had SS taxes withheld), and my husband (73) receives regular Social Security benefits. With the recent changes to the Government Pension Offset (GPO), I should now be eligible to receive spousal benefits - about half of my husband's SS amount. But every time I try to apply, the SSA representatives shut me down immediately. They keep saying my pension is an "offset" and won't even let me submit an application! When I explained that the GPO rules have changed and the law was updated, they literally told me that "Social Security hasn't instructed them to implement this new law yet." Is anyone else experiencing this? How can they refuse to even take my application? I've printed out information about the law change, but they won't budge. What steps should I take to get past this roadblock? My husband's monthly benefit is around $2,950, so this is significant money they're preventing me from accessing!

Yara Nassar

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There's a lot of confusion at SSA offices about the recent GPO reform. To clarify: the GPO hasn't been completely eliminated - it's been reformed to allow affected spouses to receive up to 50% of their spouse's benefit regardless of their non-covered pension amount. The problem is that SSA hasn't fully implemented the systems and training needed to process these claims correctly. You absolutely have the right to file an application, even if they believe you'll be denied. Ask specifically to file a "protective filing date" which preserves your application date even if they need more time to process the claim correctly.

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Connor O'Neill

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Thank you for this information! I had no idea about the "protective filing date" option. Does this mean I should go back in person and specifically request this? I'm worried they'll still refuse me.

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Keisha Robinson

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my sister in law had the EXACT same problem last month!! she's a retired county employee in Florida. the first 2 times she went they told her NO WAY she could get benefits but she kept insisting and finally got someone who knew about the change. dont give up!!

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Connor O'Neill

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That gives me hope! Did she have to speak to a supervisor or just keep trying with different representatives?

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GalaxyGuardian

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I work with retired teachers facing this exact issue. Here's what's happening: The Social Security Fairness Act that reformed GPO was passed, but SSA is still updating their systems and training staff. Many field offices are confused about implementation. You need to: 1. Contact your local office and request to speak with a Technical Expert or Claims Specialist specifically 2. Explicitly state you want to file an application with a protective filing date under the new GPO reform provisions 3. Bring printed documentation of the law change (Public Law 118-29) 4. If they still refuse, ask to speak to the Office Manager 5. As a last resort, contact your Congressional Representative's office - they have staff dedicated to helping with federal agency issues Don't let them send you away without filing something in writing. You're entitled to apply regardless of whether they think you'll be approved.

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Connor O'Neill

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This is incredibly helpful - thank you! I wasn't aware of the technical name of the law. I'll print out documentation on Public Law 118-29 specifically and ask for a Technical Expert. If they still refuse, I'll follow your advice about contacting my Congressional office.

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Paolo Ricci

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Wait can someone explain this GPO thing to me? My mom gets a state pension too and they told her she couldn't get dad's SS when he passed. Is this different now???

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GalaxyGuardian

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Yes, this changed recently. Under the Social Security Fairness Act (passed in late 2024), the Government Pension Offset (GPO) was reformed to allow individuals with non-covered pensions to receive up to 50% of their spouse's Social Security benefit regardless of their pension amount. Previously, the GPO would reduce spousal/survivor benefits by 2/3 of the government pension amount, often eliminating benefits entirely. Your mother should contact SSA about survivor benefits if your father has passed away. The rules for both spousal and survivor benefits have changed under this reform.

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Amina Toure

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I had a nightmare dealing with this last month!!! THREE VISITS to get anyone to even listen to me about the law change. They kept saying "system doesn't allow it" and other excuses. Finally I got a supervisor who admitted they hadn't updated their systems yet but still took my application. I've tried calling to check status but impossible to get through - always busy signals or disconnects after waiting forever. So frustrating!!!

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I've had so much luck using Claimyr to get through to Social Security when the lines are busy. It saved me hours of frustration when dealing with my own GPO situation. You just go to claimyr.com and they connect you directly to an agent without the wait. They even have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It's been a game changer for me during this whole GPO transition mess.

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Connor O'Neill

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UPDATE: I went back to the SS office today with the Public Law info and asked specifically for a Technical Expert. They still seemed confused but at least let me submit an application this time. The representative warned me it would likely be denied but I insisted on establishing that protective filing date. Now I'm in a waiting game but at least got past the first hurdle. Thank you all for your helpful advice!

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Yara Nassar

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Great progress! Make sure you keep a copy of everything you submitted. When you receive the formal determination (which might initially be a denial if their systems haven't caught up), you'll have 60 days to file an appeal. Request a reconsideration and specifically cite Public Law 118-29 in your appeal. The appeals process often involves staff with more specialized knowledge who might be better informed about the GPO reform.

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Natasha Volkova

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THIS IS WHY I HATE DEALING WITH SSA!!! They implement these changes but don't tell their own employees or update their systems!!!! My brother went through something similar with his disability claim - different issue but same bureaucratic nightmare. They denied him 3 times before finally approving him for benefits he was entitled to ALL ALONG. The system is BROKEN.

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Keisha Robinson

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i know right?? and then they act like WE'RE the problem for not understanding their complicated rules that THEY dont even understand!! its ridiculous

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GalaxyGuardian

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For anyone following this thread with a similar GPO situation, there's an important time element to consider. If you're currently eligible for spousal benefits under the new GPO rules, you should establish a protective filing date as soon as possible. Benefits can only be paid retroactively for 6 months from your application date. So even though the law has changed, you won't automatically receive payments - you need to apply, and the sooner you establish that filing date, the better. If you encounter resistance, escalate to supervisors and be persistent. Document every interaction with names, dates and what was discussed. This paper trail will be valuable if you need to appeal or request retroactive payments later.

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Connor O'Neill

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Thank you for mentioning the 6-month retroactive limit - I wasn't aware of that! The law changed about 4 months ago, so I need to make sure I don't lose any potential back payments. I've started keeping detailed notes of every interaction now.

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