In one of the biggest Social Security reforms in decades, the Social Security Fairness Act of 2025 has repealed two long-criticized rules: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). You can read the official SSA announcement in the SSA Newsroom.
WEP and GPO reduced benefits for public-sector workers who paid into pension systems not covered by Social Security. These included CalSTRS, CalPERS, and many city, county, police, and fire pensions. Teachers, city employees, and law enforcement officers often saw their SSDI or survivor benefits reduced, even when they had paid into Social Security in other jobs.
With the repeal, millions of retirees and disability recipients now receive restored or increased benefits. This change is especially important in California, where many workers have both Social Security credits and public pensions. If you are unsure how this affects your benefits, contact us for a review.
What Were the WEP and GPO?
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Windfall Elimination Provision (WEP)
WEP was created in 1983. It reduced SSDI or retirement benefits for workers who also received a pension from non-covered employment, such as:
- Teachers
- Police officers
- Firefighters
- Certain state or federal workers
Benefits were reduced even if the worker had paid into Social Security through part-time jobs or previous employment.
Government Pension Offset (GPO)
GPO reduced or eliminated Social Security spousal or survivor benefits for people who received a government pension. This meant a widow or widower who worked in teaching or local government could lose survivor benefits, even when their spouse paid into Social Security for many years.
These rules affected many public employees in California, especially:
- CalSTRS educators
- CalPERS members
- Local law enforcement
- City and county workers
At Peña & Bromberg, we have helped many clients affected by WEP and GPO. We are now assisting them in recovering retroactive payments under the repeal.
What’s Changing Under the Fairness Act?
Signed into law in early 2025, the Fairness Act removes both WEP and GPO. The Act restores full benefit access and fairness for millions of people. The law provides:
- Full SSDI benefits for workers who receive pensions from CalSTRS, CalPERS, or other non-covered systems
- Full spousal and survivor benefits, even if the person receives a government pension
- Retroactive benefit adjustments for individuals who were underpaid as far back as the 1980s
How Does This Impact SSDI Claimants in California?
Many Californians, especially retired teachers and CalPERS members, were previously denied full SSDI benefits. Under the repeal:
- CalSTRS retirees can now receive full SSDI without reductions
- Surviving spouses who were denied benefits under GPO may now qualify for back pay
- New SSDI applicants no longer need to worry about WEP or GPO reducing their benefits
For Californians across Fresno, Bakersfield, and the Central Valley, this change brings long-awaited financial relief.
What You Should Do Now
1. Check your SSDI benefit letter
Review recent SSA letters. If WEP affected your payments in the past, the SSA may send:
- A recalculated benefit notice
- A retroactive adjustment letter
- A Fairness Act revision update
These letters may show increases or back-pay eligibility.
2. Review your spousal or survivor benefits
If you were denied benefits before due to GPO, request a new evaluation. You can:
- Visit your local SSA office
- Review eligibility through the SSA’s spousal benefits page
Have documents ready, such as:
- Your spouse’s Social Security number
- Work history
- Past denial letters
3. Call our office
We help Californians understand their rights under the Fairness Act. Our legal team can:
- Audit your SSDI or retirement file
- File for retroactive back pay, including all forms
- Handle spousal or survivor benefit appeals
Whether you received a recalculation notice or you’re unsure if you qualify, we can help you avoid missing out.
Frequently Asked Questions
1. How does the Social Security Fairness Act affect California public employees?
The Act repeals WEP and GPO. This restores full SSDI, retirement, and survivor benefits for workers with CalSTRS, CalPERS, or other pensions. Teachers, police officers, and city employees now receive the full Social Security benefits they earned.
2. Can I receive back pay if my benefits were reduced under WEP or GPO?
Yes. The Fairness Act allows retroactive payments. The SSA is reviewing cases and sending recalculation letters. If you were affected, request a review or speak with an attorney to ensure you receive everything owed.
3. What should I do if I think I was impacted by WEP or GPO?
Check your SSA letters for terms like “recalculated benefit” or “retroactive adjustment.” If you were denied SSDI, spousal, or survivor benefits because of WEP or GPO, ask for a new evaluation. Working with an attorney can help you navigate the process.
Contact Peña & Bromberg Today
The repeal of WEP and GPO may restore thousands of dollars in SSDI and survivor benefits. If these rules affected you, now is the time to act.
Whether you received an SSA recalculation letter or need help reviewing your eligibility, our team is ready to assist.
Call Peña & Bromberg at (559) 439-9700 or fill out our secure online form to schedule your free consultation.
You worked hard for your benefits. Let us help you recover what’s rightfully yours.