Social Security Fairness Act FAQ's

President Biden recently signed the Social Security Fairness Act into law, ensuring retired teachers, firefighters, and other public servants receive their hard-earned Social Security benefits. This long overdue legislation repeals provisions – the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) – that unfairly reduced or eliminated earned Social Security benefits for 2.5 million Americans. Please read below to see if this new law affects you. 

Frequently Asked Questions (FAQ’s)

Will every teacher, firefighter, police officer, or public worker receive a benefit increase because of the Social Security Fairness Act?

No, not necessarily. Only those whose Social Security benefits have been reduced due to WEP and GPO will see their benefits change under this new law.  If you are unsure about whether or not your benefits will change, feel free to reach out to your local Social Security office. 

What should I do now that the Social Security Fairness Act is law?

At this time, no action is needed from you, but please ensure your mailing address and direct deposit information with the SSA are up to date. 

Because the Government Pension Offset (GPO) may reduce or eliminate Social Security benefits for spouses or surviving spouses, some individuals receiving non-covered pensions may have never applied for these benefits.

• If you never applied for spouses' or surviving spouses' benefits:

  • You may need to submit an application. The date you apply could impact when your benefits start, and filing sooner may result in a higher benefit amount. 

    • The most convenient way to apply for retirement or spouses' benefits is online at www.ssa.gov/apply. While the online application still collects pension details, SSA will not apply an offset to the benefit. However, the application for survivor benefits is not available online.

    • If you cannot apply online, call 1-800-772-1213, Monday through Friday from 8:00 a.m. to 7:00 p.m., to learn about other application options.

• If you are unsure whether you have applied for spouses' or surviving spouses' benefits:

  • You may still need to file an application, as the date you apply can affect when your benefits begin. Filing sooner could help maximize your benefit amount.

• If you currently receive spouses' or surviving spouses' benefits reduced or eliminated due to GPO—or if your retirement or disability benefits are reduced due to the Windfall Elimination Provision (WEP):

  • Consider reviewing and updating your mailing address or direct deposit information with SSA to ensure any benefit adjustments are processed quickly. In most cases, no further action is required at this time.

The easiest way to update your address or direct deposit details is through your my Social Security account online. There’s no need to call or visit an SSA office. Sign in or create an account at www.ssa.gov/myaccount.

Will payments apply retroactively?

Eligible individuals can expect to receive back-dated payments if affected in 2024. 

When will qualified individuals see their Social Security benefits increase because of this new law?

The Social Security Administration is currently working to implement the Social Security Fairness Act and has not provided a timeframe for when future or past benefits will be adjusted. Please continue to monitor the SSA’s website for updates. 

How can I avoid scams?

SSA will never ask for payment to receive assistance or to start, increase, or retroactively pay benefits. If someone contacts you claiming they can expedite or boost your benefits for a fee, do not engage—hang up and avoid clicking on any links. Visit www.ssa.gov/scams to report any scams. 

How can Congresswoman Pettersen’s office help?

If you are having difficulty with Social Security Administration or need assistance accessing your benefits, please contact the office of Congresswoman Brittany Pettersen by calling either (303) 274-7944 or (719) 458-6161.