What the Social Security Fairness Act does to your SSDI check

The Social Security Fairness Act is a federal law that removes two penalties that reduce SSDI and SSI payments for people who also receive a government pension. If you worked for a federal, state, or local government job that did not pay into Social Security — such as teaching, law enforcement, or civil service — you may have been losing part of your disability or retirement benefits because of rules called the Government Pension Offset and the Windfall Elimination Provision. The Fairness Act eliminates both of these reductions.

The law took effect on December 16, 2023. If you were already receiving SSDI or SSI when the law passed, you may be owed back payments. If you are not yet receiving benefits, the Fairness Act means your SSDI or SSI payment will not be reduced by your government pension starting now.

Key Takeaways

  • The Government Pension Offset and Windfall Elimination Provision are two separate rules that reduced SSDI and SSI payments; the Fairness Act removes both, effective December 16, 2023.
  • If you were receiving reduced SSDI or SSI before December 16, 2023, Social Security will recalculate your payment and send you a lump sum for the months you were underpaid.
  • You do not need to take any action to receive back payments — Social Security is contacting people automatically, though the process is ongoing and may take months.
  • The amount of your increase depends on your specific government pension and your SSDI or SSI payment history, and varies by individual.

Who the Fairness Act affects

You are affected by the Fairness Act if you receive or are receiving SSDI or SSI and you have a government pension from work that did not pay into Social Security. Government pensions come from jobs such as public school teacher, police officer, firefighter, federal employee, state employee, or local government worker — positions where you paid into a government retirement system instead of Social Security.

The two penalties the Fairness Act removes are the Government Pension Offset (which reduced spousal or survivor benefits) and the Windfall Elimination Provision (which reduced your own SSDI or SSI payment). Not everyone with a government pension was hit by both — it depended on the type of benefit you were receiving and when you became disabled or reached retirement age.

If you are unsure whether you have a government pension that counts, check your pension paperwork or contact the agency that pays your pension. If the job did not deduct Social Security tax from your paychecks, it likely qualifies.

How back payments are calculated and sent

Social Security is recalculating payments for everyone who was receiving reduced SSDI or SSI on December 16, 2023. The agency is working through cases in phases and will send you a notice explaining your new payment amount and the total back payment you are owed. Back payments cover the period from December 16, 2023, back to the month you first became subject to the penalty — which could be many years.

The lump sum is usually deposited into the same account where you receive your regular SSDI or SSI payment, or mailed as a check if you receive benefits by check. Social Security is not requiring you to do anything to receive the back payment — the agency is processing cases automatically. However, the workload is large, and processing is ongoing. Some people received notices within weeks of the law passing; others are still waiting months later.

You can check the status of your case by logging into your my Social Security account online, calling Social Security at 1-800-772-1213, or visiting a local Social Security office. Have your Social Security number ready.

Your new monthly SSDI or SSI amount after the Fairness Act

Your new monthly payment will be higher than it was before December 16, 2023, because the reduction from your government pension will no longer explore. The exact increase depends on how much your payment was being reduced and what your full SSDI or SSI benefit would have been without the penalty.

For example, if your SSDI payment was $1,200 per month but was being reduced by $300 because of the Windfall Elimination Provision, your new payment will be $1,500 per month. If you also receive spousal or survivor benefits that were reduced by the Government Pension Offset, those will increase as well.

Social Security will send you a notice showing your old payment amount, your new payment amount, and the monthly increase. If you have questions about the calculation, you can ask Social Security to explain it in writing.

What happens if you have not yet filed for SSDI or SSI

If you are not yet receiving SSDI or SSI but you have a government pension, the Fairness Act means your benefit will not be reduced when you do file. You will receive your full SSDI or SSI payment based on your work history and disability or age, without any offset for your government pension.

The process for filing for SSDI or SSI has not changed. You still need to contact Social Security, provide medical evidence of your disability (for SSDI), and meet the other requirements for the program. The Fairness Act straightforward removes the penalty that would have reduced your payment once you were approved.

If you are close to filing, you do not need to rush. There is no important date to take advantage of the Fairness Act — it applies to all future SSDI and SSI awards.

How the Fairness Act affects family members and survivors

If you are receiving SSDI, family members may also be receiving benefits on your record — such as a spouse, ex-spouse, or child. The Government Pension Offset previously reduced benefits for spouses and ex-spouses who also had a government pension. The Fairness Act removes this reduction, so those family members will see an increase in their payments as well.

If you are deceased and your family members are receiving survivor benefits (such as a widow, widower, or child), the same rule applies. If they have a government pension and their survivor benefits were being reduced, those benefits will increase under the Fairness Act.

Social Security will recalculate and notify all affected family members automatically. You do not need to contact the agency on their behalf.

What to do if you disagree with your new payment amount

If Social Security sends you a notice about your new payment and you believe the amount is wrong, you have the right to request a detailed explanation. Call 1-800-772-1213 or visit your local Social Security office with your notice in hand. Ask the representative to walk you through the calculation and explain how your government pension amount was determined.

If you still disagree after the explanation, you can file a written request for reconsideration. This is a formal appeal that asks Social Security to review the calculation again. You have 60 days from the date on your notice to file. Social Security will send you instructions on how to file when you request reconsideration.

Keep copies of all notices and correspondence. If your case goes to appeal, you may want to speak with a Social Security representative or attorney who specializes in benefits cases.

Frequently Asked Questions

When will I get my back payment?

Social Security is processing cases in phases, so timing varies. Some people received back payments within weeks of December 16, 2023; others are still waiting. You will receive a notice when your case is processed. Check your my Social Security account or call 1-800-772-1213 to see if your case has been completed.

Do I have to pay taxes on the back payment lump sum?

SSDI and SSI back payments are subject to the same tax rules as regular monthly payments. Some people owe federal income tax on SSDI; SSI is generally not taxable. Consult a tax professional or contact the IRS to understand your specific situation.

What if I am receiving both SSDI and a government pension but Social Security has not contacted me yet?

Social Security is working through all cases, but the process is ongoing. You do not need to contact the agency — they will reach out when your case is ready. If you want to check status, log into my Social Security, call 1-800-772-1213, or visit a local office.

Does the Fairness Act affect my Medicare or Medicaid?

The Fairness Act increases your SSDI or SSI payment, which does not change your Medicare or Medicaid status. Your coverage continues as before. If your income increases significantly for other reasons, that could affect Medicaid, but the Fairness Act payment increase alone does not.

Can I receive the Fairness Act benefit if I am working?

Yes. The Fairness Act removes the pension offset regardless of whether you are working. If you are working and receiving SSDI, your benefits may be subject to other work-related rules (such as the trial work period), but the Fairness Act applies separately.