A major law came into effect in 2025 called the Social Security Fairness Act, which aimed to fix years of reduced benefits for public service workers, widows, and retirees. But now, thousands of Americans may not be getting the full payments they deserve, due to how the Social Security Administration (SSA) is interpreting the law.
While the law allows retroactive benefits dating back to January 2024, many people are only receiving six months of back pay—much less than they should. Lawmakers across party lines are now demanding the SSA fix this issue immediately.
What Is the Social Security Fairness Act?
The Social Security Fairness Act, passed in early 2025, was meant to remove two controversial rules:
These rules had long reduced Social Security payments for teachers, police officers, firefighters, and other public employees who also received pensions from jobs not covered by Social Security.
With the removal of these rules, over 3 million Americans were supposed to receive full benefits and even back payments for the money they missed out on starting from January 2024.
The Problem: Only 6 Months of Back Pay?
Instead of giving people what they are owed from January 2024, many SSA offices are limiting retroactive payments to just six months. This means that spouses, widows, widowers, and retirees could be missing out on over $5,500, depending on their case.
For example, if someone is entitled to an average monthly spousal benefit of $931, but only receives six months of back pay, they might lose up to $5,586.
Lawmakers Say SSA Is Not Following the Law’s Spirit
A group of senators from both political parties—Susan Collins, Bill Cassidy, John Cornyn, and John Fetterman—have written to the SSA Acting Commissioner, Leland Dudek, asking for an urgent correction.
They argue that the SSA must consider the original date when a person asked for help or information, especially if they received wrong or outdated guidance from SSA staff in the past.
The lawmakers wrote, “Spouses, widows, and widowers are now being unfairly penalized for guidance that came directly from the agency.” This means many people trusted the SSA’s advice and delayed applying for benefits, only to find they’re now being penalized for it.
Who Is Losing Out?
The most affected people are:
- Spouses and widows/widowers who were eligible for spousal or survivor benefits
- Public sector workers like teachers or police who had pensions but were previously affected by WEP and GPO
- People who were misinformed by SSA employees and delayed applying, thinking they were not eligible
Despite showing proof of misinformation, many SSA offices are still enforcing the six-month rule for back payments. This has led to huge financial losses for people who were counting on that money.
How Much Could You Lose?
Here’s a quick look at how these shortchanged payments add up:
| Category | Current SSA Practice | What the Law Allows | Potential Loss per Recipient |
|---|---|---|---|
| Retroactive Payment Period | 6 months | Since January 2024 | Up to $5,586 |
| Average Monthly Spousal Benefit | $931 | — | — |
| Estimated Affected Population | — | Over 3 million Americans | — |
| Most Affected Groups | Spouses, widows, public retirees | — | — |
The Social Security Fairness Act was supposed to bring justice to retirees and workers who had unfairly received reduced benefits for years. But due to the SSA’s current way of applying the law, millions could lose out on thousands of dollars they are legally entitled to.
Lawmakers are pushing the agency to fix this, especially for people who were given wrong advice in the past. If you’re affected, keep track of the updates and consider contacting the SSA or a benefits advisor. With growing pressure, the agency may soon be forced to review its approach and ensure all eligible Americans receive their full and fair payments.
