Full question: My sister receives public pension as a result of her years long teaching career. She never applied for Social Security benefits because 2/3 of her public pension would have exceeded any SS benefits. SS Fairness Act became law Jan 25. She applied for SS benefits 1-17-25 received lump sum (incl 6 months retroactive) on 2-10-25. I believe she should be entitled to benefits retroactive to Jan 24. The only reason she didn’t previously apply for benefits is because 2/3 of her public pension would have exceeded any SS any benefits. I believe the spirit of the law suggests she should get retroactive to Jan 24. Have you heard any discussion on this issue? Is the limitation of 6 months retroactive benefits law or is it just administrative policy that can be altered depending on on the circumstances?

Hi there,

The Social Security Fairness Act does indeed provide for retroactive payments to January 2024 for those affected by the repeal of the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). However, the Social Security Administration (SSA) has set a policy for issuing retroactive payments covering up to six months prior to the application date.

While the spirit of the law aims to rectify the reductions caused by WEP and GPO, the SSA’s administrative policy on retroactive payments is currently applied uniformly. There has been no official discussion indicating a change to this policy to extend retroactive benefits beyond the six months prior to the application date.

If you believe your sister’s case warrants special consideration, she may contact the SSA directly to inquire if any exceptions can be made. The SSA can provide the most accurate information regarding her specific situation and any potential for policy exceptions.

I hope this information is helpful.

Best of luck,
Martha

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