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

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.

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

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.

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??

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?

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!

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.

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!

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.

I'm a recently retired federal employee dealing with this exact same issue. Lost my spouse 3 years ago and never applied for survivor benefits because of GPO - my FERS pension would have wiped out the entire $1,800 monthly survivor benefit. Here's what I've learned from talking to other retirees in my situation: Some SSA offices are being more flexible than others with the retroactive payments. A colleague of mine in Phoenix got approved for retroactive payments back to January 2024 because she had documentation from her HR department advising her not to apply due to GPO. Another friend in Atlanta only got 6 months retroactive. The key seems to be having WRITTEN evidence that you didn't apply specifically because of GPO. I'm gathering emails from my retirement counselor and notes from financial planning sessions where GPO was discussed. Also, if you're part of any federal employee retirement groups (NARFE, FEDweek forums, etc.), they're tracking these cases and might be able to provide additional guidance. Some are even considering collective action if SSA doesn't apply the retroactive benefits fairly across all cases. Document everything at your appointment and get the representative's name and employee ID. If you don't get a fair resolution, appeal immediately. This is all so new that policies are still being clarified at the regional level.

I'm facing this exact same situation and your post gives me hope that I'm not alone in this frustrating predicament. I'm a retired state employee (35 years with CalPERS) and my husband passed away 4 years ago. Like you, I never applied for survivor benefits because the GPO would have reduced his $2,100 monthly benefit to virtually nothing against my $3,800 pension. What's particularly maddening is that I actually called SSA twice over the years to ask about survivor benefits, and both times the representatives essentially told me not to bother applying because of GPO. Now I'm kicking myself for not formally applying and getting that denial letter, which apparently would have made me eligible for full retroactive payments. I've been trying to get an appointment at my local SSA office for three weeks now. The phone system is completely overwhelmed with GPO repeal cases. When I finally got through last week, the earliest appointment they had was in May! Based on what I'm reading in these comments, I'm going to start gathering documentation now: my CalPERS pension statements, any records of my previous calls to SSA, and emails from my retirement planning sessions where GPO was discussed. I'm also going to reach out to my state retirement association to see if they have any guidance for members in our situation. Keep us posted on how your appointment goes next month - I have a feeling many of us are watching these early cases to see how SSA handles them. Good luck!

I'm also in a very similar situation and wanted to add my experience for anyone following this thread. I'm a retired teacher with 28 years in the Illinois Teachers' Retirement System, and my husband passed away 2 years ago. I calculated that his $1,950 survivor benefit would be completely eliminated by GPO against my $3,200 TRS pension, so I never applied. What's giving me some hope is that I found an old email thread from 2023 with my financial planner where we specifically discussed survivor benefits and she advised against applying due to GPO. I also have documentation from a TRS pre-retirement seminar where they explained how GPO would affect Social Security benefits. One thing I haven't seen mentioned here is that some people in teacher retirement Facebook groups are reporting that certain SSA offices are asking for statements from retirement counselors or pension administrators confirming that members were advised not to apply due to GPO. I'm planning to contact my TRS representative to see if they can provide something like that. The inconsistency between different SSA offices is really concerning. It seems like your success might depend on which office you visit and how knowledgeable the representative is about these complex GPO repeal cases. Has anyone had success requesting a specific appointment with someone who specializes in these cases? I'm still trying to get through on the phone to schedule my appointment. This whole process has been incredibly stressful after already dealing with the grief of losing a spouse. But reading everyone's experiences here gives me hope that persistence will pay off.

I'm in almost the exact same situation and this thread has been incredibly helpful! I'm a retired federal employee (32 years with the VA) and my husband passed away 3 years ago. I never applied for his $2,400 survivor benefit because my FERS pension of $4,100 would have eliminated it completely under GPO. Reading through everyone's experiences, it's clear that documentation is going to be key. I'm going to dig through my emails to see if I have anything from retirement planning sessions or conversations with my financial advisor about not applying due to GPO. One question for those who have already had their appointments: Are SSA representatives asking for specific forms of documentation, or are they pretty flexible about what counts as evidence that you didn't apply because of GPO? I'm worried I might not have the "right" kind of paperwork. Also, has anyone tried contacting their congressman's office BEFORE their SSA appointment? I'm wondering if getting their office involved early might help ensure the SSA office treats the case more seriously. The waiting and uncertainty is really stressful, especially when we're talking about thousands of dollars in retroactive benefits. But I'm encouraged by some of the success stories mentioned here. We all deserve fair treatment after years of being excluded by this unfair rule!