In one of the most significant legislative changes to Social Security in decades, the Social Security Fairness Act of 2025 has officially repealed two long-standing and often criticized provisions: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). You can read the SSA’s official announcement at the SSA Newsroom.
WEP and GPO have historically reduced benefits for public-sector workers who contributed to pension systems not covered by Social Security, such as CalSTRS, CalPERS, or local police and fire department pension plans. These rules affected many Californians, including teachers, city employees, and law enforcement officers, by slashing their SSDI or survivor benefits, even when they had paid into the Social Security system.
With this repeal, millions of retirees and disability recipients across the U.S. are seeing restored or increased monthly benefits. The reform is especially impactful in California, where the overlap between public pension recipients and Social Security contributors is significant. If you’re unsure how this may affect your benefits, contact us for a personalized review.
What Were the WEP and GPO?
- Windfall Elimination Provision (WEP): A rule enacted in 1983 that reduced SSDI or retirement benefits for individuals who also received a pension from non-Social Security-covered work, such as teachers, police officers, and certain federal and state employees. Even if these workers had paid into Social Security through part-time jobs or other employment, their benefits were unfairly reduced.
- Government Pension Offset (GPO): A rule that reduced or entirely eliminated spousal or survivor Social Security benefits for those receiving a government pension. This meant a widow or widower who worked in a public role (like teaching or local government) could be denied survivor benefits, even if their spouse had paid into Social Security for decades.
These rules disproportionately affected public-sector workers in California, especially educators under the CalSTRS pension system, law enforcement in local municipalities, and other state employees under CalPERS, many of whom were denied full SSDI or retirement benefits despite having contributed to Social Security in different jobs. At Peña & Bromberg, we’ve worked with many clients caught in this policy gap and are now helping them recover retroactive payments under the Fairness Act repeal.
What’s Changing Under the Fairness Act?
Signed into law in early 2025, the Social Security Fairness Act eliminates both WEP and GPO, restoring full benefit access and equity for millions of current and future Social Security recipients. Specifically, the law provides:
- Full SSDI payments to public employees who receive non-covered pensions, such as CalSTRS or CalPERS
- Spousal and survivor benefits to widows and widowers who were previously disqualified under the GPO
- Retroactive adjustments and payouts for eligible claimants who were underpaid as far back as the 1980s
How Does This Impact SSDI Claimants in California?
Many Californians, particularly retired teachers, CalPERS members, and part-time public employees, were previously denied full SSDI benefits due to WEP. This repeal now ensures that:
- Retired teachers receiving CalSTRS pensions can also receive full SSDI without offset
- Surviving spouses who were denied benefits under GPO may now qualify for back pay
- New applicants no longer have to factor WEP/GPO into their SSDI eligibility planning
For thousands of clients in Fresno, Bakersfield, and across the Central Valley, this change represents long-overdue relief and restored financial stability.
What You Should Do Now
- Check your SSDI benefit letter – Review any recent correspondence you’ve received from the SSA. If your SSDI amount was reduced in the past due to WEP, the SSA may now issue an updated award notice or determination letter showing an increase in benefits. These letters may use terms like “recalculated benefit,” “retroactive adjustment,” or “Fairness Act revision.” Don’t ignore these, your increased benefits or back pay may be waiting.
- Review your spousal or survivor benefits – If you were denied benefits in the past due to the Government Pension Offset (GPO), you should request a new evaluation. You can initiate this process by visiting your local SSA office or reviewing eligibility at SSA’s spousal benefits page. Have documentation ready, including your spouse’s Social Security number, work history, and any past denial letters.
- Call our office – We help Californians across the Central Valley understand their options under the Fairness Act. Our legal team can:
- Conduct a detailed audit of your SSDI or retirement file to uncover errors or missed eligibility
- Help you file a request for retroactive back pay, including documentation and SSA form preparation
- Represent you in spousal and survivor benefit appeals if SSA denies or delays your updated payment
Whether you’ve recently received a recalculation letter or you’re unsure whether you qualify, our team can ensure you don’t leave money on the table.
Frequently Asked Questions
1. How does the Social Security Fairness Act affect California public employees?
The Act repeals the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), which unfairly reduced SSDI and survivor benefits for workers with CalSTRS, CalPERS, or other non-covered pensions. Retired teachers, police officers, and city employees can now receive their full Social Security disability or survivor benefits without reductions. This change restores equity for thousands of Californians who contributed to both Social Security and public pension systems.
2. Can I receive back pay if my benefits were reduced under WEP or GPO?
Yes, the Fairness Act allows for retroactive adjustments, meaning you may be eligible for back payments if your benefits were unfairly reduced in the past. The SSA is reviewing cases and may send recalculation letters to affected recipients. If you believe you’re owed back pay, you can also request a review or work with an attorney to ensure nothing is missed.
3. What should I do if I think I was impacted by WEP or GPO?
Start by reviewing your most recent SSA benefit letters for terms like “recalculated benefit” or “retroactive adjustment.” If you were previously denied SSDI, spousal, or survivor benefits due to WEP or GPO, you should request a new evaluation. Working with a disability attorney can help you navigate SSA’s process and maximize both your current benefits and any back pay owed.
Contact Peña & Bromberg Today
The repeal of WEP and GPO could mean thousands of dollars in restored or retroactive SSDI and survivor benefits, especially for California public employees and their families. If these unfair provisions impacted you, now is the time to act.
Whether you’ve received an SSA recalculation letter or need help reviewing your eligibility under the Social Security Fairness Act, our experienced legal team is here to help.
Call Peña & Bromberg at (559) 439-9700 or fill out our secure online form to schedule your free consultation today.
Let us help you recover what’s rightfully yours because you’ve worked hard for these benefits, and you deserve every dollar.
