The Social Security Fairness Act, signed into law on January 5, has triggered an influx of Social Security claims. The Social Security Administration (SSA) confirmed that the first wave of checks has already been sent.
This law eliminates the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), which previously reduced Social Security benefits for certain retirees receiving pension income. Nearly 3 million Americans, including police officers, firefighters, postal workers, and public-school teachers, were affected by these provisions.
While SSA has already issued payments, only a small percentage of eligible individuals have received them. The agency assured that it is actively working on processing claims.
“To date, we have processed approximately 30,000 of these new initial claims, and depending on their age and other entitlement factors, some beneficiaries are receiving retroactive payments,” an SSA spokesperson told USA TODAY via email. “We continue to work on the process.”
Why Are Payments Taking So Long?
The law is retroactive to January 2024, requiring SSA to adjust both past and future benefits. However, SSA was not allocated additional funding to implement these changes.
“SSA’s ability to implement the law efficiently depends on funding,” the agency said. “The Act did not provide financial resources for execution… SSA has been operating under a hiring freeze since November 2024, which continues to impact its workforce.”
Initially, SSA estimated that payments could take over a year to process. However, in a recent update, the agency announced that beneficiaries due retroactive payments should receive a one-time deposit by the end of March.
Since Social Security benefits are paid one month in arrears, most beneficiaries will begin receiving their new adjusted monthly benefits in April (for March).
Anyone receiving an adjusted monthly benefit or retroactive payment will be notified by mail. Some may receive two notices—one confirming the removal of WEP or GPO and another with details of the new monthly payment.
Reactions to the Delay
The initial delay led to bipartisan pressure on SSA, with senators demanding “immediate implementation” of the law.
SSA has since expedited processing through automation, although complex cases requiring manual review will take longer.
Mike Barker, a retired police officer in Ohio, expressed frustration over the wait but remained hopeful. “Bureaucracy at its finest,” he remarked. Still, he intends to use his retroactive check for travel.
How Payments Will Be Affected and Who Will Receive More Money
Category | Previous Payment Impact | New Payment Adjustment |
Retirees affected by WEP | Benefits reduced due to non-Social Security jobs | Full benefits restored without reduction |
Widows/widowers under GPO | Survivor benefits significantly reduced or eliminated | Full survivor benefits without pension deductions |
Beneficiaries before 2024 | Reduced monthly payments | One-time retroactive payment in March covering lost amounts |
Complex cases | Potential delays in adjustments | SSA will send notices with details on new payments |
What Can Beneficiaries Do to Speed Up Payments?
The SSA advises beneficiaries to ensure their personal details are up to date.
New claimants can track their claim status via their my Social Security account. Current beneficiaries should verify their mailing address and direct deposit details online to prevent delays.
The SSA recommends not contacting them about retroactive payments until April since checks will be sent throughout March. Similarly, monthly benefit adjustments will not be reflected until the April payment.
How Much Can Affected Beneficiaries Expect?
Additional monthly benefits will vary based on Social Security benefits and pension amounts.
“Some people’s benefits will increase slightly, while others may receive over $1,000 more per month,” SSA said.
How Did WEP and GPO Reduce Social Security Benefits?
Established in 1983, WEP and GPO aimed to prevent overpayments to individuals who worked in non-Social Security-covered jobs. These rules sought to avoid giving public sector employees an advantage over lower-income earners.
How Each Provision Worked:
- Windfall Elimination Provision (WEP): Reduced Social Security benefits for those receiving “non-covered” pension income from jobs that did not contribute to Social Security. Reductions could be significant—up to half of the pension amount.
- Government Pension Offset (GPO): Reduced survivor or spousal benefits if the recipient had a non-covered pension. It cut Social Security benefits by two-thirds of the pension amount. If two-thirds of the pension exceeded the Social Security benefit, the benefit was reduced to zero.
Repealing WEP and GPO Remains Controversial
Despite bipartisan support for the Social Security Fairness Act, not everyone agrees with repealing WEP and GPO.
Gary Brewer, a retired CPA in California, argues that WEP closed a loophole: “Government retirees were exempt from Social Security in their covered work. Their government pension is their primary income, while Social Security is secondary. They shouldn’t receive the same advantage as low-income earners.”
Regarding GPO, Brewer provides an example:
- Monica and Chandler each earned $3,000 in Social Security benefits, totaling $6,000 per month. Neither was eligible for a spousal benefit.
- Chandler, a firefighter, was covered by a substitute pension plan and would now receive an additional $1,500 spousal benefit because GPO no longer offsets it.
- Their household income now increases to $7,500 due to the repeal.
“Spousal benefits are offset by retirement income, except for certain government retirees,” Brewer noted. “Others just have to accept it.”
FAQs About New Law Ignites a Wave
1. When will eligible beneficiaries receive their increased payments?
Most beneficiaries will receive their new payments starting in April, covering March. Those owed retroactive payments should receive them by the end of March.
2. Do I need to take action to receive my adjusted benefits?
No additional action is required unless you need to update your address or direct deposit details in your my Social Security account.
3. Why are payments taking so long?
SSA was not given funding to implement the law, and staffing shortages have further delayed processing. However, automation is expediting payments.
4. How much additional money will I receive?
The increase depends on your Social Security benefit and pension amount. Some will see minor increases, while others may receive over $1,000 more per month.
5. What if I don’t receive my payment in March or April?
If you don’t receive your retroactive payment by April or your new monthly benefit in April, contact SSA for assistance.