In January of 2025, then-President Joe Biden signed the Social Security Fairness Act, which worked to get rid of both the Government Pension Offset, or GPO, and the Windfall Elimination Provision, or WEP. For many public workers and teachers across California, this can herald good news. Many folks, however, will find themselves asking, “How do I know if I qualify for the new Social Security Fairness Act?” Gade & Parekh, LLP, is here to help.
Understanding the Social Security Fairness Act
When the Social Security Fairness Act was signed into law, it repealed two provisions that were passed into law back in the 1980s by Congress. These laws worked to slow the depletion of trust funds, which helped fund the following:
- The Government Pension Offset, or GPO. This worked to reduce Social Security benefits that were paid out to the spouses, widowers, and widows of a state or local government employee if the receiving party was receiving any non-covered government pension.
- The Windfall Elimination Provision, or WEP. This reduced or eliminated any Social Security benefits for people, such as state and local public employees, who received a disability benefit or pension from their employer that did not withhold any Social Security taxes.
It is important to keep in mind that the new law only impacts individuals who have worked in state or local government positions. The SSA, or Social Security Administration, has outlined the following groups who may be eligible:
- Firefighters
- Police officers
- Teachers
- Federal employees who are covered by the Civil Service Retirement System
- Those whose work was covered by a foreign social security system
However, keep in mind that only around 28% of these affected groups will actually be awarded a benefit increase under the new law, as most state and local employees work in Social Security-covered employment.
Depending on your situation, there are a wide variety of benefits or payments you might be able to expect, including:
- Monthly benefit increases. Most affected individuals should have started receiving their new monthly benefit increase in April of 2025, which would have represented the payment for March. If you have not yet started receiving these payments and believe you are owed them, it is important to reach out to a Social Security attorney as soon as possible.
- Retroactive benefits. For some eligible individuals, a one-time retroactive payment can be deposited into your bank account. This should have been completed by the end of March 2025. If you still have not received this payment, it is important to reach out to a lawyer.
You should also expect at least one, if not two, notices by mail. The first notice will remind you that any applicable GPO or WEP is being removed from your record, and the other should arrive to inform you of your new, finalized benefit amount. It is also important to be aware of SSA processing timelines, because in the most complicated of cases, manual review may be required.
If your affected account has not been completed or updated by November 2025, it might be essential that you reach out to an attorney who can uncover what the holdup is and how to proceed correctly.
About Gade & Parekh, LLP
For decades, the team at Gade & Parekh, LLP, has been assisting clients across the state of California in seeking the Social Security benefits they deserve. Our attorneys have demonstrated a long-standing history of success when it comes to securing these essential benefits, and we are ready to turn our time and attention to your case. We are here to treat every case and every client with the dignity and respect they deserve. You can trust our Sacramento Social Security law firm.
FAQs
Q: Do I Need to Pay Into Social Security to Receive Benefits?
A: No, the Social Security Fairness Act does not set a mandate requiring individuals to join Social Security in order to receive benefits. In fact, the decision to enter into Social Security cannot be made independently by a person. Instead, this decision must be made by your state or local employer, such as a school district, and it will apply to all those your employer hires.
Q: When Will I See an Increase in Benefits?
A: During the week of February 24th, 2025, the SSA, or the Social Security Administration, started to pay retroactive benefits for all those affected by the WEP or the GPO and increased all monthly payments for these individuals. If you are owed retroactive benefits because of the new act, you should have received a one-time payment into your bank account by the end of March 2025. If you haven’t, a lawyer is here to help.
Q: When Did the New Law Come Into Effect?
A: While the Social Security Fairness Act came into effect on January 5th, 2025, it applies to all benefits that were payable after December 2023. This means that any and all future Social Security benefits will not be reduced, even in cases where your benefits previously were. If you have questions regarding the amount you are owed, it is important to reach out to an attorney.
Q: Why Should I Hire a Social Security Lawyer?
A: There are many reasons why it can prove beneficial to hire a Social Security lawyer. Since the Fairness Act was passed, the SSA has received more than 130,600 applications. Processing and completing these applications can take time, but having a lawyer on your side can make all the difference when it comes to getting approved or not. Your attorney is there to represent your interests from start to finish and is committed to the success of your case.
Hire a Social Security Lawyer Today
If you have questions regarding the new Social Security Fairness Act or need assistance in claiming Social Security benefits, it is time to hire a Social Security lawyer you can trust. At Gade & Parekh, LLP, we have helped thousands of individuals across Southern California, from office locations in Woodland, Sacramento, and Roseville. If you have questions regarding your Social Security eligibility, contact us for a free consultation today.