WASHINGTON – U.S. Senators Bill Cassidy, M.D. (R-LA), Susan Collins (R-ME), John Cornyn (R-TX), and John Fetterman (D-PA) requested that the U.S. Social Security Administration (SSA) review agency policy and grant maximum retroactive payments to the over 40,000 Louisiana spouses and thousands more across America affected by the Government Pension Offset (GPO). The Social Security Fairness Act, which Cassidy successfully secured a vote for in the U.S. Senate, provides retroactive payments dating back a year to January 2024. However, some beneficiaries subject to GPO are currently only receiving retroactive payments dating back six months.
“Over the past few weeks, several constituents have contacted our offices regarding the retroactivity of their spousal benefits under the Social Security Fairness Act,” wrote the senators “The law provides for retroactivity to the year the bill was introduced, first being applied to the January 2024 payment. These spouses, including widows and widowers, have shared with me that when they contacted the Social Security Administration years ago inquiring into spousal benefits, they were told by SSA employees that their spousal benefits would be reduced to $0 due to the Government Pension Offset; and therefore, there was no need to file an application for spousal benefits. Now, these same spouses are being told to file a claim for spousal benefits yet are only being granted a maximum of six months retroactivity from their most recent date of contact with the SSA.”
“We ask SSA to review the agency’s policy and grant maximum retroactivity payments to all spouses who were protected on prior applications and wrongly advised by employees of SSA not to apply for spousal benefits when they first inquired,” continued the senators.
Read the full letter here or below:
Dear Acting Commissioner Dudek,
We write to you concerning an issue related to the Social Security Fairness Act (Public Law No: 118-273). Over the past few weeks, several constituents have contacted our offices regarding the retroactivity of their spousal benefits under the Social Security Fairness Act. The law provides for retroactivity to the year the bill was introduced, first being applied to the January 2024 payment. These spouses, including widows and widowers, have shared with me that when they contacted the Social Security Administration (SSA) years ago inquiring into spousal benefits, they were told by SSA employees that their spousal benefits would be reduced to $0 due to the Government Pension Offset; and therefore, there was no need to file an application for spousal benefits. Now, these same spouses are being told to file a claim for spousal benefits yet are only being granted a maximum of six months retroactivity from their most recent date of contact with the SSA. According to SSA policy, GN00204.010A5 if the spouse was protected on the worker’s application and never properly closed out, the protective filing remains open indefinitely. Subsequently, per GN00204.025B1, the claimant should be given the opportunity to elect the earlier filing date to allow for maximum retroactivity.
As noted, we have assisted spouses who have contacted our offices questioning the retroactivity. They have shared that even if they question the retroactivity with the SSA employees during their recent appointment to apply for benefits, the applicants are only granted six-months retroactivity from the most recent contact date. We ask SSA to review the agency’s policy and grant maximum retroactivity payments to all spouses who were protected on prior applications and wrongly advised by employees of SSA not to apply for spousal benefits when they first inquired.
Thank you for taking the time to address this important matter. We appreciate your swift implementation of the law and SSA’s progress in adjusting more than 2 million records to date. We look forward to continuing to work together on behalf of those who have been affected by this error.
Background:
Earlier this year, Cassidy announced that 73,000 Louisianans had already received a total of $566,209,833.81 in retroactive payments.
Cassidy played a pivotal role in getting the Social Security Fairness Act signed into law on January 5, 2025. Cassidy successfully demanded a vote on the Social Security Fairness Act. After the bill was passed, Cassidy urged the Social Security Administration to implement the new law as quickly as possible. Louisiana has now received the seventh most of any state in retroactive payments.
In July and again in December, Cassidy spoke on the U.S. Senate floor urging Congress to repeal WEP and GPO as part of his “Big Idea” to save, strengthen, and secure America’s retirement system. In June, Cassidy entered a statement into the record urging the repeal of WEP and GPO ahead of the U.S. Senate Finance Subcommittee field hearing on Social Security.
Cassidy is a long-time cosponsor of the Social Security Fairness Act in the Senate, being an original cosponsor since he became a Member of Congress in 2009. He led the introduction of the legislation in the 117th and 116th Congress.
Cassidy led a bipartisan working group to preserve and protect Social Security. He released the inaugural Bill on the Hill video where he asked Capitol Hill visitors from across the country their thoughts on the looming benefit cuts to Social Security and presented his “Big Idea.”
Last year, Cassidy grilled U.S. Treasury Secretary Janet Yellen on President Biden’s plan to address Social Security, to which Secretary Yellen admitted “the president doesn’t have a plan,” to save Social Security.
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