Will Social Security pay retroactive WEP/GPO benefits to deceased parent after HR 82 repeal?
My mother passed away in December 2024 and had been receiving reduced Social Security benefits due to GPO (Government Pension Offset). Now that HR 82 has passed and the WEP/GPO has been repealed, I'm wondering if SSA will calculate and pay the back benefits she should have received from Dec 2023-Dec 2024 when she was alive but subject to GPO reduction. Her SSA record now shows deceased status. Will SSA automatically process these retroactive payments to her estate, or do I need to contact them and file something specific? I'm the executor of her estate and trying to make sure everything is handled correctly. Has anyone dealt with retroactive payments for someone who passed away recently?
24 comments


Mateo Sanchez
First, I'm sorry for your loss. This is a situation many families are facing with the WEP/GPO repeal. SSA won't automatically process these retroactive payments - you'll need to contact them as the legal representative of your mother's estate. Bring your Letters Testamentary or similar document showing you're the executor, her death certificate, and any documentation about her government pension. They'll need to manually calculate what she was owed under the new rules.
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GalaxyGazer
•Thank you for this information. Do you know if there's a specific form I need to fill out? Or just call and make an appointment? I've been trying to get through on the 800 number for days with no luck.
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Aisha Mahmood
My dad was in a similar situation but he passed in 2022. SSA told us that retroactive payments can only go to a qualified surviving spouse or to the estate. Since you're the executor you need to bring proof of that plus her death cert. They should cut a check to "Estate of [her name]" which you'll deposit into the estate account.
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GalaxyGazer
•That's helpful to know. Did they process it pretty quickly or did it take months? I'm trying to close out her estate but don't want to miss these funds.
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Ethan Moore
You definitely need to be proactive about this. The repeal of WEP/GPO doesn't automatically trigger reviews of deceased beneficiaries' records. You'll need to file SSA-1724 (Claim for Amounts Due in the Case of a Deceased Beneficiary) along with proof you're the estate representative. Be aware there's a lot of confusion at SSA offices about implementing the WEP/GPO repeal right now, so you might encounter staff who aren't fully informed on the process for deceased beneficiaries. Ask to speak with a Technical Expert if the front-line staff seems uncertain.
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GalaxyGazer
•Thank you for mentioning the specific form! That's exactly what I needed. I'll download that and prepare it with all her documentation. I appreciate the tip about asking for a Technical Expert too.
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Yuki Kobayashi
My mom died last year and was affected by WEP (not GPO). we've been waiting 4 months for ssa to process the back pay. they told us it would take longer for deceased ppl because they're prioritizing living beneficiaries first. just wanted to give u a heads up that its probably gonna take awhile.
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Carmen Vega
•Same here!! Been waiting 3 months already and every time I call they just say "it's in process" whatever that means. The whole system is ridiculous!
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QuantumQuester
If you're having trouble reaching SSA by phone (which is unfortunately common these days), I've had success using a service called Claimyr. They basically hold your place in the SSA phone queue and call you when an agent is about to answer. Saved me HOURS of hold time when I was dealing with my aunt's survivor benefits. You can see how it works at claimyr.com or watch a demo at https://youtu.be/Z-BRbJw3puU For something complex like retroactive WEP/GPO payments to an estate, you'll definitely want to speak with someone rather than trying to handle it online.
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GalaxyGazer
•I've never heard of this service but I'm going to check it out right now. I've literally been trying for a week to get through to someone at SSA. Thank you!
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Andre Moreau
OK BUT NOBODY IS TALKING ABOUT THE BIGGER ISSUE HERE!! The WEP/GPO repeal is ONLY paying retroactive to December 2023, even though people like your mom and my husband had their benefits unfairly reduced for DECADES!!! They should be paying back ALL the money they took from us all these years!!! The government stole from hardworking teachers and public servants and now they act like heroes for giving back ONE YEAR of benefits?!?! It's OUTRAGEOUS!!!
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Mateo Sanchez
•While I understand your frustration, the legislation specifically limited retroactive payments to December 2023 forward as a compromise to get the bill passed. The full repeal going forward was the primary goal, and the limited retroactivity was what made it financially feasible to pass. The focus for OP needs to be on securing the retroactive benefits that are legally available under the current law.
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Carmen Vega
my neighbor works at SSA and says they're completely overwhelmed with the WEP/GPO stuff. said its chaos there and everyone's working overtime. might want to wait a month before even trying tbh
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Aisha Mahmood
•That's terrible advice. There are deadlines for filing claims on behalf of deceased beneficiaries. Waiting could cause them to lose the benefits entirely! Better to get in line now even if processing takes time.
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Ethan Moore
One other important thing to note - make sure you're clear about the exact timing. The WEP/GPO repeal technically applies to benefits payable January 2025 onward, with retroactive payments to December 2023. Since your mother passed in December 2024, she would be eligible for the retroactive payments from December 2023 through December 2024 - exactly 13 months of restored benefits. Bring documentation of her government pension and her SS benefits to help them calculate the correct amount. The difference between what she received and what she should have received without GPO for those 13 months is what the estate is entitled to.
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GalaxyGazer
•Thank you for clarifying the timeframe. I'll gather her pension statements and SS benefit statements for that period. It's about $675 per month that was being offset by GPO, so it should be around $8,775 total if I'm calculating correctly. That's significant enough to make sure we pursue it.
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Dmitry Sokolov
I'm so sorry for your loss. I went through something very similar when my father passed in early 2024 - he had been receiving reduced benefits due to WEP. Here's what I learned from the process: You're absolutely right to pursue this. The retroactive payments don't happen automatically for deceased beneficiaries. I had to visit my local SSA office three times before finding someone who really understood the WEP/GPO repeal implementation for estates. Bring multiple copies of everything - the death certificate, your Letters Testamentary, her most recent SS award letter, documentation of her government pension, and ideally printouts of her benefit payments for Dec 2023-Dec 2024. The SSA-1724 form that Ethan mentioned is crucial. One thing that helped me was creating a simple timeline document showing exactly when her benefits were reduced and by how much each month. It made the calculation process much clearer for the SSA representative. Also, don't give up if the first person you speak with seems uncertain about the process. I had to ask for a supervisor who was more familiar with the recent changes. The whole thing took about 6 weeks to process once I got it filed correctly, and they issued the check to my father's estate. Good luck!
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Levi Parker
•This is incredibly helpful, thank you for sharing your experience! The timeline document idea is brilliant - I'm going to create one showing month by month what she received vs what she should have received without GPO. Six weeks doesn't sound too bad compared to what some others are reporting. I really appreciate you taking the time to walk through the whole process step by step. It gives me confidence that I can get this handled properly for her estate.
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Mae Bennett
I'm dealing with a very similar situation with my grandmother who passed in November 2024. She was affected by WEP and had been receiving reduced benefits for years. Based on my research and conversations with SSA, here are a few additional tips that might help: 1. Request a "benefit verification letter" that shows her payment history - this will help you verify the calculations when they process the retroactive payment. 2. If you have trouble at your local office, try calling the main SSA number and specifically ask to speak with someone about "posthumous WEP/GPO retroactive benefits under the Social Security Fairness Act." Using those exact terms seemed to help me get transferred to someone more knowledgeable. 3. Keep detailed records of every interaction - dates, names, reference numbers. I had to follow up multiple times and having that documentation was crucial. 4. The estate check should arrive within 30-60 days after they complete the calculation, but given the current backlog, it might take longer. Don't panic if it seems to be taking a while - just keep following up. I'm still waiting for my grandmother's payment to be processed (filed in early January), but the SSA representative assured me it's moving through the system. Wishing you the best with getting this resolved!
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CosmicCaptain
•Thank you so much Mae, this is exactly the kind of detailed guidance I was hoping for! I'm going to request that benefit verification letter first thing - that's a great idea to have the official payment history for comparison. I hadn't thought about using those specific terms when calling either, that's really smart. It sounds like you've been very organized about documenting everything, which I need to start doing better. I've been keeping some notes but not as systematically as I should. I hope your grandmother's payment comes through soon! It's encouraging to hear that the representative gave you reassurance it's moving through the system. Please update us when you receive it - it would be helpful to know the timeline for others going through this process. Thanks again for sharing your experience!
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Dylan Wright
I'm sorry for your loss and want to share what I learned when helping my aunt with a similar WEP situation last year (though she was still living at the time). One thing that really helped was getting everything organized before the SSA visit. Create a folder with: death certificate, executor documentation, her complete SSA payment history for Dec 2023-Dec 2024, and documentation of her government pension amounts. Having it all in one place made the appointment much smoother. Also, if you're having trouble getting through by phone, try calling right when they open (8 AM local time) on Tuesday or Wednesday. Mondays and Fridays tend to be busier. When you do get through, ask them to put notes in her file about your call so future representatives can see the history. The SSA-1724 form that others mentioned is definitely the right starting point. You can download it from ssa.gov and fill most of it out ahead of time. Just be prepared that the first person you speak with might not be familiar with how the WEP/GPO repeal affects deceased beneficiaries - it's still pretty new territory for many SSA employees. Based on what others have shared here about the timeline, I'd recommend getting this filed as soon as possible even if processing takes a while. Better to be in the queue early than risk missing any deadlines. Good luck with everything!
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Christian Bierman
•Dylan, this is such practical advice! I especially appreciate the tip about calling times - I've been trying randomly throughout the day with no luck. Tuesday/Wednesday at 8 AM sounds much more strategic. The folder organization idea is perfect too. I've been gathering documents but haven't put them all in one place yet. Having everything ready before the appointment will definitely make things go smoother and show I'm prepared. You're absolutely right about getting filed early rather than waiting. Even if it takes months to process, at least I'll be in the system and won't miss any potential deadlines. I'm going to download that SSA-1724 form today and start filling out what I can. Thanks for taking the time to share these practical tips - it really helps to hear from people who've been through similar situations with SSA!
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Kai Rivera
I'm so sorry for your loss. I work as a paralegal and have helped several clients navigate posthumous Social Security claims, including some recent WEP/GPO cases. A few additional points that might help: 1. **Timeline is critical** - You generally have 2 years from the date of death to file for underpayments, but with the WEP/GPO repeal being so recent, I'd recommend filing within the next few months to avoid any complications. 2. **Bank statements can help** - If you have her bank statements showing the actual SSA deposits from Dec 2023-Dec 2024, bring those too. It creates a clear paper trail of what she actually received versus what she should have received. 3. **Consider a local Congressional office** - If you hit roadblocks with SSA, your mother's Congressional representative's office often has staff who specialize in Social Security issues and can help expedite cases or get answers when the regular process stalls. 4. **Estate tax implications** - Depending on the size of her estate, these retroactive payments might have tax implications, so you may want to consult with the estate's tax preparer about how to handle this additional income. The advice others have given about the SSA-1724 form and being persistent is spot-on. Don't let the first "no" or "I don't know" stop you. This is a legitimate claim under the new law, and you have every right to pursue it for her estate.
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Ryder Ross
•Kai, thank you so much for this comprehensive advice! As someone new to dealing with estate matters, I really appreciate the professional perspective. The 2-year timeline is good to know - it gives me some breathing room but also emphasizes why I shouldn't delay. I hadn't thought about the Congressional office option, but that's brilliant if I run into bureaucratic walls. My mom was always proud of writing to her representatives about issues, so I think she'd appreciate that approach if needed. The bank statement idea is really smart too. I have access to her accounts and can easily print those deposit records to show the exact amounts she received each month. That should make the calculation verification much clearer. One question - do you know if there are any specific deadlines related to the WEP/GPO repeal itself, or is it just the general 2-year rule for posthumous claims? I want to make sure I'm not missing anything time-sensitive about this particular legislation. Thanks again for such detailed guidance. Having a paralegal's perspective really helps me understand what I'm dealing with and how to approach it systematically.
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