Understanding The Social Security Fairness Act

And this is the last space you want to be second-guessing yourself in. After all, for many people, SSI and SSDI benefits are the thing that stands between their safety and financial insecurity.

But with the recent Social Security Fairness Act being passed into law, our clients are coming to us with more questions than ever. Questions like:

• “How does this affect the application process?”
• “Does this new act make EVERYONE eligible for benefits?”
• “Will the Social Security Fairness Act disqualify my eligibility for benefits?”
• “Why haven’t I heard back about my application or appeal?”

These are good questions. And, as your local SSI and SSDI disability lawyer, we’re here to help you sort the facts from fiction. We’ll cover all the details you need to know, so that you can feel confident, informed, and reassured.

What Is The Social Security Fairness Act?

On January 5, 2025, former President Biden signed the Social Security Fairness Act (SSFA) into law. This act was created as a response to both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) rules.

These previously enacted rules were designed to reduce the Social Security benefits for employees in the public sector who receive a pension from jobs that aren’t covered by the Social Security Administration (SSA). This primarily affected those who worked as public educators, law enforcement professionals, and first responders.

Under Biden’s new rules, those who had previously taken a cut to their benefits would potentially see an increase in their monthly benefit checks.

Who Does The Social Security Fairness Act Affect?

If you are reliant on social security benefits or disability plans, you are not necessarily going to be affected by this change. However, if you are one of the following, you may expect a slight increase in monthly payments:

• A government employee who has collected social security from a foreign government
• Teachers who have a pension plan through their individual school districts
• Federal employees who receive coverage under the Civil Service Retirement Service
• Firefighters, police officers, or other civil servants who receive pension plans outside of Social Security

Outside of that, your monthly payments and benefits should not change.

How Scams and Clickbait have Affected the Social Security Fairness Act

Despite the straightforwardness of this ruling, many of our clients have come to us confused. Online, there’s a torrent of misinformation. Some of the most common rumors we’re hearing?

• Everyone who currently receives a check from the SSA will receive an increase in payment
• Every teacher, police officer, or firefighter will receive a bonus
• Anyone can have access to the benefits SSA provides

This misinformation has led to a whole host of problems for both those who receive benefits, and those who don’t, including longer response times from the SSA due to increased applications, and a lot of vitriol for the act as a whole.

But the truth is much simpler. If you found yourself affected by either the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO), you are likely the only group to be affected.

Remember, this rule is designed specifically for those whose pension plan from work that is not covered by Social Security! If that’s not you, you can expect no change!

The Effect on Wait Times

As we mentioned above, while the overall effects of the new act are positive, there have been significant increases in wait times. There are a couple of reasons for this.

First and foremost, we can’t ignore the fact that employment rates at the SSA are at a 60-year all time low. Pair that with the increased applications, and you have a recipe for long wait times.

SSA employees are prioritizing processing applications for SSFA applications, with the goal to get their increased benefits to them by July 1, 2025. But, this prioritization – along with staffing shortages –  has led to regular applications for things such as disability benefits to be stalled.

Understandably, this can create panic for those who are counting on disability, retirement, or other benefits. But, despite the long wait times, the actual acceptance and denial of your benefits should not be affected by the new rules.

If you are in the process of applying for benefits, expect longer than average wait times, typically around 4 months.

Your Next Steps

So, you understand the new policies. You’re just not sure what YOU are expected to do next. Let’s break down the steps you need to follow.

If You Qualify For SSFA Benefits Increase

For those who believe they are a candidate for SSFA benefits increase, now is the time to apply! With most applications processes, or close to processed, you likely have a better chance of getting a quick response.

If you fall into this camp, we recommend that you first reach out to the SSA office to make sure that you qualify. Alternatively, you can discuss it with your attorney.

If You Don’t Qualify For SSFA Benefits Increase

If you receive benefits from the SSA but are not a candidate for the benefits increase, you don’t have to do a thing! If you are already approved, you can expect your benefits to be paid as normal.

However, if you aren’t sure whether or not you qualify, it’s always best to check with a pro. You, too, could reach out to the SSA or a reputable disability attorney to make sure you are getting everything you are owed.

If You Are Starting A Benefits Application

If you are applying for disability or retirement benefits through the SSA, you can proceed as normal. The general application process has not changed, except for the potentially longer wait times.

If You Are Filing An Appeal

If your SSI or SSDI benefits application has been wrongfully denied and you are going through the appeal process, know that the same rules apply. There will likely be longer response times from the SSA but the general process will remain the same.

If you are filing an appeal, we always recommend investing in the help of SSI appeal lawyers. An SSI disability lawyer will help to expedite the process as much as possible, by making sure that you have the proper documentation and paperwork to win your appeal.

Getting The Benefits You Deserve

When it comes to benefits, we encourage you to remember that receiving them is your right, not a privilege. It often takes extra work, support, and effort to make sure your life’s work is being fairly compensated, but it’s well worth it.

As a specialized social security disability law firm, our team at Wettermark Keith has helped countless individuals like you navigate the benefits process. Our attorneys are known for their knowledge, helpful attitude, and tenacity. We make sure that your application is a success, so that you can live a life free of stress, uncertainty, and financial instability.

Plus, with our “No Win, No Payment” guarantee, you can confidently invest in a high-quality SSI benefits lawyer, who won’t charge you a penny until your case is successful.

So, whether you’re looking to navigate the SSFA changes with confidence, or are looking for help with your SSDI benefits appeal, the choice is clear. Call on Wettermark Keith Disability, the team that understands that your safety is worth protecting.