Q. I receive a considerable pension from work I do outside of Social Security. I didn’t work under Social Security enough time to make a profit based on my work records. My spouse will retire and receive generous Social Security benefits.
A few years ago I contacted Social Security and asked if I qualify for my spouse’s interest. I was informed that two-thirds of my pension exceeded the interests of my spouse to which I am eligible, so I should not apply for spouse benefits due to regulations related to government pension offsetting (GPO).
That’s why I didn’t apply. When the Windfall Elimination Provision (WEP) and GPO were abolished at the end of 2024, they were told that a two-thirds of reduction was no longer effective, so they applied for spousal benefits. After applying, I was told I was not eligible for retrospective payments as I had never applied for a spouse’s benefit prior to the abolition of the GPO. I am currently benefiting from my spouse, but why am I not entitled to retroactive payments?
A: Several readers have written this to complain about this situation.
There is no logical reason why you should not be entitled to retroactive benefits payments. Many individuals who are first receiving spousal benefits to abolish GPOs will also receive a six-month retroactive benefit.
I’ve heard of it from experienced Social Security Agency (SSA) representatives and retired SSA employees. SSA employees showed that the standard procedure was to inform the representative to individuals who wish to apply for spousal benefits due to the provisions of the GPO that there was no reason to apply if two-thirds of their pension exceeded 50% of their spouse’s social security benefits. There is no mention of the law that it has repealed GPOs and WEPs that limit retroactive benefits. The law specifically states that retroactive perks may be available from January 1, 2024 until the end of 2024.
However, up until now, to my knowledge, 12 months of retroactive payments have only been paid to individuals whose Social Security benefits have been reduced due to WEP regulations. However, individuals who officially apply for spousal benefits prior to the abolition of the GPO are receiving retroactive benefits, but only up to six months.
Those who did not apply for spouse benefits prior to the abolition of the GPO were aware that they were not eligible for spouse benefits due to a two-thirds reduction in pensions, or because SSA representatives said they should not apply because they were not taken away from their active benefits prior to GPO benefits, and because they did not take away their benefits at the time.
My recommendation is that if you are denied for retroactive benefits payments for the reasons mentioned above and reach full retirement age, you will need to file an appeal (also known as settlement). It can be appealed online or in writing. Download Form SSA-561, “Reconsideration Request.” This is available from the SSA website SSA.gov. If your appeal is successful, the award may not be large in retrospect for six months. (If you have recently reached retirement age, you may be under six months.) If the abolition fails, you can request a hearing before an administrative law judge. If that fails, you can request a review by the Appeal Council.
Rather than appealing the award that you are not entitled to retroactive benefits, you may contact a council representative to contact the SSA on your behalf. One of my readers contacted his representative and showed that he received the benefits of the retroactive benefits.
Elliot Raphaelson welcomes your questions and comments at rapelliot@gmail.com.
