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Will I get retroactive SS survivor benefits after GPO repeal if I never officially applied?

I've been receiving a government pension of about $4,300/month from my 33 years working as a civilian for the Department of Energy. I'm 62 and my husband passed away 5 years ago. I never bothered applying for survivor benefits on his record because with the Government Pension Offset (GPO), I knew the 2/3 reduction would leave me with zero SS benefits (his benefit would have been around $2,200). Now with the GPO repeal passing, I'm wondering if I can receive retroactive payments for 2024 even though I never officially applied for (and was consequently never denied) survivor benefits? I have an appointment with SSA next month to start this process, but I'm anxious to know if anyone else is in a similar situation or has insight. Will they pay me retroactively or will they say I needed to have applied previously to be eligible for back payments?

Vince Eh

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You should absolutely be eligible for survivor benefits now, but the retroactive payment question is tricky. SSA typically allows retroactive benefits up to 6 months for survivor claims, but since you never officially applied, they might consider your upcoming appointment as your application date. The new law does specify that those previously affected by GPO would be eligible for benefits starting January 2024, but it's unclear if that applies to those who never applied. I'd recommend bringing documentation of your late husband's earnings history and your pension information to your appointment. Also, ask specifically about the "protective filing date" concept - this might help establish an earlier effective date for your claim.

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Peyton Clarke

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Thank you for this information! I hadn't heard about the 'protective filing date' concept before. Do you know if there's any specific language I should use during my appointment to maximize my chances of getting those retroactive payments? I feel like I'd be leaving a lot of money on the table if I can't get those payments from January.

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Sophia Gabriel

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my mom was in similar situation. she went in last week and they told her since she never applied before they would only go back 6 months from her new application date. not back to january!!! so frustrating!! they said if she had applied before and been denied because of GPO then shed get back to january but not if she never applied. good luck hope u get better news

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Peyton Clarke

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Oh no, that's exactly what I was afraid of! I kept thinking about applying over the years but every calculator showed I'd get nothing because of GPO. It seems unfair to penalize us for not applying when we knew we'd get zero benefits. I wonder if there's any way to appeal this or if anyone has had success arguing this point?

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The Social Security rules are pretty complex with the GPO repeal, but here's what I know for certain: If you're applying for survivor benefits for the first time now (post-repeal), Social Security will treat this as a new application. Under normal survivor benefit rules, they can pay up to 6 months retroactively from your application date, not back to January 2024 when the repeal took effect. The provision for payments back to January 2024 specifically applies to those who had their benefits reduced by GPO previously. Since you never applied, technically there was no reduction to restore. However, some SSA offices might be interpreting the new rules differently as they implement this major change. Bring documentation showing you were eligible all along but didn't apply solely because of GPO. While the official policy might limit retroactivity to 6 months, individual cases can sometimes receive exceptions depending on the circumstances and how they're presented.

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Peyton Clarke

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This makes sense, but it still feels unfair. I'm going to gather all my documentation and make a strong case that I would have applied years ago if not for GPO. Thank you for explaining this so clearly - at least I'll go into my appointment with realistic expectations. I suppose 6 months of retroactive benefits is better than nothing!

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Ezra Beard

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WHAT A MESS!!! This whole GPO repeal is so unfair to people who didn't apply because they KNEW they'd get NOTHING!! I'm in almost the same boat - 30 years as a teacher in Texas, husband died in 2019, and I never applied for survivor benefits. My appointment is next week and I'm preparing for a FIGHT!! Why should we be penalized for being informed about the rules?!? The whole intent of the repeal was to fix this injustice but now they're creating a NEW injustice!!! Anyone know if there's a group organizing around this issue??

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I feel your frustration. My sister is going through the exact same thing with her TRS pension. Someone at her retirement group mentioned that the National Active and Retired Federal Employees Association (NARFE) might be organizing around this issue. Worth checking out.

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I've been trying to reach SSA for weeks about a similar issue with the GPO repeal. 45-minute holds followed by disconnections. Finally found this service called Claimyr (claimyr.com) that got me through to a live agent in about 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU When I finally talked to SSA, the agent told me that for GPO repeal cases, they're considering special exceptions for people who can provide evidence that they didn't apply SOLELY because of GPO. I brought up that I had called previously (I had the date) to inquire about survivor benefits and was told not to bother applying due to GPO. They noted this in my file which helped establish intent. Maybe check your phone records if you ever called them for information?

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Peyton Clarke

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Thank you for this tip! I'll check if I have any record of calling them in the past. Unfortunately, I think I just used their online calculators and realized I wouldn't qualify. I'll look into that Claimyr service if my upcoming appointment doesn't resolve things - sounds much better than waiting on hold for hours.

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Aria Khan

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My friend at church works for SSA (20+ yrs) and she says they're still figuring out how to handle these cases. The official guidance says 6 months retro for new apps but some offices are trying to be more flexible especially if you can show you would have applied if not for GPO. Bring any evidence like emails or notes where you discussed not applying because of GPO. Good luck!

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Sophia Gabriel

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thats good to know!! my mom is going to try again with more documentation. she has emails from her financial advisor from 2020 specifically saying not to apply for survivors because of GPO so maybe that will help her case

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Vince Eh

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I wanted to add one more important point: Make sure to ask about your Medicare situation too when you go for your appointment. If you're already on Medicare Part A (hospital insurance), getting survivor benefits might impact your Part B (medical insurance) premiums through IRMAA (Income-Related Monthly Adjustment Amount). Also, be prepared that your first check might take 2-3 months to process after approval since this is a new claim with the GPO repeal complications. They'll likely pay you everything owed in one lump sum payment once they finish processing.

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Peyton Clarke

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Oh, I hadn't even thought about the Medicare implications! I'm currently on my former employer's retiree health plan, but I'll be eligible for Medicare next year. This is getting so complicated. I'll definitely ask about this during my appointment - thank you!

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just sharing my experience - got widows benefits after gpo repeal but they only went back to when I applied in march, not january. ssa rep said they might change this policy later but right now that's how they're handling it. good luck with your appointment!

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Ezra Beard

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Did you try arguing that you would have applied earlier if not for GPO? I'm planning to FIGHT this at my appointment next week! It's just wrong to punish people for understanding the previous rules!

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For everyone in this situation, I recommend documenting your case thoroughly before your appointment: 1. Write a clear timeline of when your spouse passed away 2. Note when you learned about GPO and how it affected your decision not to apply 3. Gather any evidence (emails, letters, notes from financial advisors) showing you were aware of GPO 4. Calculate what your benefit would have been without GPO 5. Bring your most recent pension statement Also, be aware that SSA representatives have some discretion in establishing protective filing dates in special circumstances. The GPO repeal has created unprecedented situations, and policies are still evolving. Be persistent but polite, and if you don't get a favorable determination, ask about the reconsideration and appeal process. Finally, consider contacting your congressional representative's office if you feel you're not being treated fairly. They often have staff dedicated to helping constituents with federal benefits issues.

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Peyton Clarke

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This is excellent advice. I'm going to prepare all this documentation before my appointment next month. I hadn't thought about potentially involving my congressional representative, but that's a good fallback option if needed. Thank you for taking the time to provide such comprehensive information!

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