Asking Yourself ‘Now What?’ After Seeing The Social Security Fairness Act?

For those of you that have been affected by the Windfall Elimination Provision or the Government Pension Offset, this may be the most important article you read. The Social Security Agency at this point does not have a specific timeframe as to when benefits will be adjusted.

1. The WEP reduces your own Social Security benefit.
2. The GPO reduces spousal, ex-spousal and survivor benefits.

On Jan. 5, 2025, President Joe Biden signed the Social Security Fairness Act that eliminated these two provisions that reduce Social Security benefits for people with a “non-covered” pension. A “non-covered” pension is a pension from your employer that does not withhold Social Security tax.

So, what do you need to do now?

If you are currently not receiving Social Security benefits, there is nothing you need to do. When you apply for Social Security benefits, these provisions will not apply.

If you are currently receiving Social Security benefits that are being reduced by the Windfall Elimination Provision or the Government Pension Offset, Social Security recommends that you review the mailing address and direct deposit information that SSA has on file for you. If the information is correct, no other actions required. You should receive retroactive benefits back to January 1, 2024.

If you are eligible and never applied for retirement, spouses, ex-spouse or surviving spouse’s benefits because of WEP or GPO: YOU NEED TO FILE AN APPLICATION NOW.

The reason you need to file now is to establish your filing date. Social Security calls this a protective filing date. If benefits are made retroactive, you want to make sure you receive benefits from the earliest date.

To do this, Social Security describes the process you should follow from its website, updated Feb. 3, 2025.

You may need to file an application. The date of your application might affect when your benefits begin and your benefit amount. However, each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply.

• The most convenient way to apply for retirement or spouses’ benefits is online at www.ssa.gov/apply. Please note that the online application continues to collect pension information until the SSA is able to update it; however, the SSA will not offset the benefit.
• The survivor benefit application is not available online.
• The SSA will take an application by telephone for people who did not previously apply for retirement benefits because of WEP or spouse’s or surviving spouse’s benefits because of GPO. If you meet these conditions, call 1-800-772-1213 Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET. When the system asks, “How can I help you today?”, say “Fairness Act.” Then, you’ll be asked a few questions. Your answers will help the SSA connect you to a WEP-GPO trained representative to take your claim.

A word of caution, you may spend quite a long time on the phone but be patient.

Remember, take the wrong benefit at the wrong time, it’s always smaller and forever.