Thousands of Americans may be missing out on Social Security payments they’re legally entitled to, due to how the Social Security Administration (SSA) is currently handling a new law that took effect in 2025.
The Social Security Fairness Act, which became law this year, was supposed to help retirees, widows, and public workers by ending two old rules that reduced their benefits unfairly. But the way the SSA is applying the new law could mean that millions of people won’t receive the full amount they’re owed, especially in retroactive payments.
What Is the Social Security Fairness Act?
This law was created to eliminate the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). These two rules had long been criticized because they reduced Social Security payments for millions of public employees such as teachers, police officers, and firefighters.
With the new law, those affected are now eligible for full benefits, and can also receive retroactive payments dating back to January 2024.
The Problem: SSA Limits Retroactive Pay to 6 Months
Although the law allows back pay from January 2024, many people are only receiving six months of retroactive payments—far less than what they’re legally owed.
For example, based on an average monthly spousal benefit of $931, a person could lose over $5,500 in missed payments if the six-month limit is not corrected.
Lawmakers Push Back Against SSA Policy
A group of U.S. senators—including Susan Collins, Bill Cassidy, John Cornyn, and John Fetterman—has written a letter to the Acting Commissioner of Social Security, Leland Dudek, urging him to fix the policy.
They argue that many retirees were given incorrect advice by SSA staff in the past. As a result, they didn’t apply for benefits at the right time and are now being penalized for mistakes that weren’t their fault.
The lawmakers are asking the SSA to allow retroactive pay from the date people first contacted the agency, not just six months back. This would be especially fair in cases where SSA employees gave outdated or wrong information.
Who Is Affected by This Issue?
The most affected groups include:
- Spouses and widows/widowers who delayed applying based on poor advice
- Public employees like teachers, firefighters, and police who were previously impacted by GPO and WEP
- Retirees who now qualify for full benefits under the Social Security Fairness Act
In total, over 3 million Americans may benefit from the law—but only if it’s applied correctly.
How Much Could People Lose?
If the SSA does not change its current limit, individuals could lose up to $5,586 in back payments, based on:
- 6 months of missed spousal benefits
- $931 average benefit per month
This is a serious concern for people who depend on Social Security as their main income.
The Social Security Fairness Act was passed to help people, not leave them shortchanged. However, if the SSA keeps enforcing a six-month limit on back payments, it could undermine the purpose of the law and hurt millions of deserving Americans.
Lawmakers are now waiting for an official response from the SSA. Until then, if you believe you are affected, it’s important to keep records of your communications with SSA and stay updated through trusted sources.