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Major Changes for Public Employees: Social Security Disability and Retirement Benefit Updates

  • Attorney Eric S. McDaniel
  • Apr 30
  • 2 min read

Social Security Disability, Social Security Fairness Act, State Pension, Disability Benefits, Retirement Benefits, Disability Lawyer, Disability Attorney

Big changes are underway for public employees regarding their eligibility for Social Security Disability and Retirement benefits. Earlier this year, the Social Security Fairness Act (SSFA) was signed into law, ending long-standing penalties that significantly reduced benefits for many state workers.

What Changed?

Before the SSFA, employees of the State of Ohio (and most other states) who received a state pension or disability benefit often saw their Social Security benefits drastically reduced. This was due to two federal provisions:

  • The Windfall Elimination Provision (WEP)

  • The Government Pension Offset (GPO)

These rules, in place since 1983, were designed to prevent claimed "double-dipping," but they actually penalized public servants that had paid into Social Security.

The SSFA eliminates these reductions, allowing eligible public employees to receive the full amount of both their state pension/disability and their Social Security benefits. This is a major victory for those who have dedicated their careers to public service.

Who Is Affected?

It’s important to note that not all state employees will benefit from this change. In Ohio, for example, state government jobs do not contribute to Social Security through the Federal Insurance Contributions Act (FICA). The SSFA primarily benefits:

  • Public employees who previously worked in jobs covered by Social Security

  • Those who maintained a second job in the private sector while working in public service

If you fall into one of these categories, this law could increase your monthly Social Security benefit.

What Should You Do Next?

Social Security has begun internal reviews to identify those affected by the SSFA. These updates are being processed, but if you believe your benefits are still being unfairly reduced under the old law, call the attorneys at Malyuk McDaniel Kasper LLC. We’re here to help you understand your rights and ensure you receive the full benefits you’ve earned. Contact our law office at 330.929.9700 today.

 
 
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