Q. I receive a significant pension from work I have done outside of Social Security. I have not worked enough hours under Social Security to receive a benefit based on my work record. My spouse is retired and receives a generous Social Security benefit.
A few years ago, I contacted Social Security and asked if I was eligible for a spousal benefit. I was informed that because two-thirds of my pension exceeded the spousal benefit I would otherwise be entitled to, that I shouldn’t even apply for a spousal benefit because of the regulations related to the Government Pension Offset (GPO).
So I did not apply. When the Windfall Elimination Provision (WEP) and GPO were repealed at the end of 2024, I filed for a spousal benefit because I was told that the two-thirds reduction was no longer in effect. After I applied, I was told that because I never applied for a spousal benefit prior to the repeal of GPO, I was not eligible for retroactive payments. I am now receiving a spousal benefit, but why am I not entitled to retroactive payments?
A: More than one reader has written to complain about this situation.
There is no logical reason why you should not be entitled to retroactive benefit payments. Many individuals who are now receiving a spousal benefit for the first time because of the repeal of GPO also receive six months of retroactive benefit payments.
I have heard from experienced Social Security Administration (SSA) representatives, as well as retired SSA employees, who have indicated that it was standard procedure for representatives to tell individuals who wanted to apply for spousal benefits that because of GPO provisions, there was no reason to apply if two-thirds of their pension exceeded 50% of their spouse’s Social Security benefit. There is no reference in the law that repealed GPO and WEP that limits retroactive benefits. The law specifically states that retroactive benefits could be available for January 1, 2024 to the end of 2024.
However, up to now, to my knowledge, 12 months of retroactive payments have only been paid to individuals whose Social Security benefits were reduced because of the provisions of WEP. However, individuals who officially applied for spousal benefits prior to the repeal of GPO have received retroactive benefit payments, but only to a maximum of six months.
Those who did not apply for spousal benefits prior to the repeal of GPO because they understood they were not eligible for spousal benefits because of the two-thirds reduction of their pension, or because an SSA representative told them they should not apply because of the then-existing GPO reductions, should not be deprived of retroactive benefit payments because they did not file for spousal benefits prior to the repeal of GPO.
My recommendation is that if you have been turned down for retroactive benefit payments for the above-stated reasons, and you have reached your full retirement age, you should file an appeal (also known as reconciliation). You can appeal online or in writing. Download Form SSA-561, “Request for Reconsideration,” which is available from the SSA website SSA.gov. If your appeal is successful, the award is likely to be no larger than six months’ worth of retroactive benefit payments. (It could be less than six months if you only recently reached your full retirement age.) If the repeal is unsuccessful, you can request a hearing before an administrative law judge; if that fails, you can request a review by an appeals council.
Rather than appeal the ruling that you are not entitled to retroactive benefits, you can contact your congressional representative to contact SSA on your behalf. One of my readers indicated he has received retroactive benefit benefits as a result of contacting his representative.
Elliot Raphaelson welcomes your questions and comments at raphelliot@gmail.com.