Social Security Fairness Act Signed: What You Need to Know If WEP or GPO Affected Your Benefits

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

If you’ve been affected by the Windfall Elimination Provision (WEP) or the Government Pension Offset (GPO), you might be wondering what happens next after the Social Security Fairness Act was signed into law. If this is a topic that concerns you, it’s essential to understand what steps you need to take moving forward.

The Social Security Fairness Act, signed by President Joe Biden on January 5, 2025, brought about a significant change for individuals who receive Social Security benefits and also have a “non-covered” pension. These pensions are from employers who do not withhold Social Security taxes from your earnings. The Act eliminates both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), two provisions that have long been criticized for reducing Social Security benefits for workers who have earned a pension through non-Social Security-covered work.

What Are the Windfall Elimination Provision and the Government Pension Offset?

Before diving into the changes, it’s important to understand the WEP and GPO, as these provisions have impacted many people’s ability to receive full Social Security benefits.

1. The Windfall Elimination Provision (WEP): This provision reduces your own Social Security benefit if you have worked in a job that did not pay into Social Security but you also worked in a job that did pay into Social Security. Essentially, it lowers the Social Security benefit that you would otherwise be entitled to based on your earnings in jobs that paid into Social Security.
2. The Government Pension Offset (GPO): This provision affects people who are eligible for spousal benefits, survivor benefits, or ex-spousal benefits, and who also receive a pension from work that didn’t pay into Social Security. The GPO reduces those benefits, making it more difficult for certain individuals to receive the full amount of Social Security they may have been expecting.

The Social Security Fairness Act of 2025 is designed to eliminate these two provisions, thus improving the financial security of individuals who have been affected by these rules. But while the changes are welcome, they leave many people wondering, “What do I need to do now?”

What Happens Next?

Now that the Social Security Fairness Act has been signed into law, you may be asking what steps you should take to ensure you get the benefits you are entitled to. Let’s go through what you need to do depending on your current situation.

1. If You Are Not Currently Receiving Social Security Benefits

If you are not yet receiving Social Security benefits, you don’t need to take any immediate action. The Social Security Fairness Act will automatically apply when you apply for your benefits. In other words, you don’t have to worry about the WEP or GPO affecting your benefits once you begin the application process. When you do decide to apply for Social Security benefits in the future, you will be eligible to receive your full entitlement without any reductions based on the WEP or GPO.

2. If You Are Already Receiving Social Security Benefits That Are Being Reduced by WEP or GPO

For those already receiving Social Security benefits, the next steps are a bit different. If your Social Security benefits are currently being reduced because of the WEP or GPO, there are some actions you should take to ensure you are correctly compensated under the new law.

• Review Your Information: Social Security recommends that you review the mailing address and direct deposit details that the Social Security Administration (SSA) has on file for you. This is to ensure that there are no issues when your retroactive benefits are issued.
• No Additional Actions Needed If Information Is Correct: If the contact information on file with the SSA is accurate, then no further actions will be required from your side. The SSA will automatically calculate and send you retroactive benefits, covering the period back to January 1, 2024, when the new rules are expected to take effect.
• Retroactive Benefits: One of the main advantages of the Social Security Fairness Act is that it allows for retroactive benefits. This means that, even though the Act is signed into law in January 2025, those who have been impacted by WEP or GPO can receive the benefits they should have been receiving as of January 1, 2024. If you are already getting benefits but your payments have been reduced due to the WEP or GPO, you will receive retroactive payments to cover the difference from January 2024 onward.

3. If You Have Not Yet Applied for Retirement, Spousal, Ex-Spousal, or Survivor Benefits

One of the most important things to note is that if you have been eligible for Social Security benefits but have not applied because of the WEP or GPO, you need to file an application immediately. If you qualify for retirement, spousal, ex-spousal, or survivor benefits but have not yet applied due to the impact of WEP or GPO, this is the time to act.

• File an Application: Filing now is crucial because it establishes your filing date. This filing date is known as your “protective filing date.” Having an official filing date ensures that you can claim benefits from the earliest possible date. Even though the law has changed, the Social Security Administration still requires an official application to determine eligibility and ensure you get your retroactive benefits. If you wait too long to file, you may lose out on benefits that you are entitled to receive.

Why You Should Apply Now

Many individuals who were previously ineligible for full Social Security benefits due to the WEP or GPO have been waiting for this law to pass. Now that it has, the clock is ticking, and it’s important to act quickly. Filing for Social Security benefits as soon as possible allows you to receive the benefits you’ve been missing out on, and you don’t want to risk delaying your application and missing out on the retroactive payments that are rightfully yours.

Key Takeaways

1. The Social Security Fairness Act eliminates the WEP and GPO: These two provisions will no longer reduce benefits for people who have earned a non-covered pension.
2. No action needed if you’re not receiving benefits: If you are not yet receiving Social Security benefits, you don’t need to take any action. When you apply, the WEP and GPO will no longer apply to your case.
3. Check your information if you’re already receiving benefits: If your benefits are being reduced by WEP or GPO, check your address and direct deposit information with the SSA to ensure your retroactive payments are sent correctly.
4. File now if you have not yet applied: If you haven’t applied for benefits due to the WEP or GPO, file an application now. This will help you establish your protective filing date and ensure you get benefits from the earliest date possible.

Conclusion: The Road Ahead

For many Americans, the Social Security Fairness Act marks a long-awaited victory. If you’ve been affected by the WEP or GPO, this law provides the opportunity to receive the full Social Security benefits you deserve. Whether you’re already receiving benefits or have yet to apply, it’s essential to take the necessary steps now to ensure you get the compensation you are entitled to. Don’t wait—file your application and review your information to make sure you get the retroactive payments you are owed.

Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.

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