U.S. Senator Bill Cassidy, M.D. (R-LA), has called on the Social Security Administration (SSA) to provide a full year of retroactive benefits to more than 40,000 Louisiana spouses affected by the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). The Social Security Fairness Act (SSFA), which recently passed a Senate vote with Cassidy’s support, allows for retroactive payments back to January 2024. However, the SSA is currently limiting some new applicants to only six months of retroactive payments.
Cassidy was joined in his request by Senators John Cornyn (R-TX) and John Fetterman (D-PA). In their letter to SSA Commissioner Bisignano, they wrote: “If Congress desired to exclude new applicants from the Act’s effective date, it would have said so. But Congress made no such indication. We therefore urge the Commissioner to apply the Act’s effective date to all affected spouses equally given the absence of any congressional intent to the contrary.”
The senators also stated: “We appreciate your swift implementation of the law and SSA’s progress in adjusting more than 3 million records to date. We look forward to continuing to work together on behalf of those who have been affected by this error.”
The letter points out that SSA currently grants one year of retroactive benefits only for those already receiving benefits as of January 2024 or those who filed an application before that time. New applicants are limited to six months’ retroactivity due to Section 202(j)(1) of the Social Security Act, which generally restricts such payments.
The senators argue that this approach does not align with either the intent or plain text of the SSFA: “Looking at the text, section 4 of the SSFA, titled ‘Effective Date,’ states that the Act’s amendments ‘shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months after December 2023.’ Notably, this language makes no distinction between current beneficiaries and new applicants for spousal benefits.”
They further contend that many new applicants were not properly advised about when or how they should apply for these benefits: “What’s more, we believe that new applicants should not be faulted for applying after passage of the SSFA considering that, in many instances, SSA staff wrongly advised would-be applicants not to apply.” The senators note uncertainty around when correct advice began being provided by SSA staff.
In closing their letter, they state: “We do not fault SSA for not having a crystal ball. Neither SSA nor even members of Congress could have predicted…when the Social Security Fairness Act would pass…This reality is exactly why Congress did not distinguish between new and current beneficiaries in setting the Act’s effective date. We therefore urge the Commissioner to follow the plain text of the SSFA and provide one-year of retroactivity (beginning in January 2024) to all applicants regardless of application date.”
Senator Cassidy represents Louisiana in the U.S. Senate and has served since winning election in 2014. He previously held seats in both Louisiana’s State Senate and U.S. House representing Louisiana’s 6th Congressional District starting in 2008. Cassidy obtained his undergraduate and medical degrees from Louisiana State University and serves as chairman of the Senate Committee on Health, Education, Labor and Pensions where he influences federal policy on health care, labor issues, education and retirement. More information about Senator Cassidy can be found on his official website.
