Yes, you can fill out Form SSA-308 yourself, and doing it correctly is the difference between getting your full Social Security retirement check and losing hundreds of dollars a month to an outdated rule called the Windfall Elimination Provision (WEP). The Social Security Administration uses Form SSA-308, the Modified Benefit Formula Questionnaire — Foreign Pension, to decide if a non-covered foreign pension lowers your U.S. Social Security benefit under the WEP statute at 42 U.S.C. § 415(a)(7).
The big shift you need to know about: the Social Security Fairness Act of 2023 repealed WEP and the Government Pension Offset (GPO) for benefits payable after December 2023, but the SSA still uses Form SSA-308 in 2026 to handle pre-2024 entitlement periods, retroactive recomputations, totalization claims, and certain dual-entitlement cases explained in POMS RS 00605.360. Filling the form out wrong can trigger an overpayment notice, a benefit reduction, or months of back-and-forth with your local field office.
According to the SSA Office of the Chief Actuary, about 2.1 million beneficiaries were affected by WEP before repeal, and SSA reports it processed more than 1.1 million WEP recomputations during 2024–2025 — many of which started with a corrected SSA-308.
Here is what you will learn in this guide:
- 📝 How to fill out every line of Form SSA-308 with plain-English instructions
- 🌍 How foreign pensions from the U.K., Canada, Germany, and other countries are treated
- ⚖️ How the WEP repeal changes (and does not change) your filing duty in 2026
- 🚫 The seven most common SSA-308 mistakes and how to avoid an overpayment
- 📬 Where to send the finished form and what happens after SSA receives it
What Form SSA-308 Is and Why It Exists
Form SSA-308 is a one-page questionnaire the Social Security Administration uses to gather facts about any pension you receive from work that was not covered by U.S. Social Security taxes. The form is the front door to the Modified Benefit Formula, the math SSA applies under POMS RS 00605.362 to decide if the Windfall Elimination Provision lowers your Primary Insurance Amount (PIA). Without this form, SSA cannot confirm the amount, start date, or type of your foreign pension, and that means it cannot finish your claim.
The plain-English purpose is simple: SSA wants to know if you get money each month from a job where you did not pay U.S. FICA tax. The consequence of ignoring or skipping the form is real and immediate. SSA will either suspend your claim under POMS GN 00204.005 or apply WEP using the maximum reduction allowed, which in 2026 is $613 per month under the SSA WEP chart.
Picture Maria, a retired nurse who worked 12 years in Spain and 25 years in the United States. If she does not file SSA-308 with her retirement claim, SSA will assume her Spanish pension is bigger than it really is and cut her U.S. check by the WEP maximum. A common misconception is that the WEP repeal removed the form from SSA’s process. It did not. SSA still requires SSA-308 for any month before January 2024 in your benefit calculation and for totalization claims under bilateral agreements.
Who Must File Form SSA-308
You must file Form SSA-308 if you are claiming U.S. Social Security retirement, disability, or survivor benefits and you receive (or expect to receive) a pension based on work that was not covered by U.S. Social Security. This rule comes straight from POMS RS 00605.360 and applies to foreign government pensions, foreign private pensions, and certain U.S. non-covered pensions in some legacy cases. The form is also required when SSA recomputes a pre-2024 benefit period after the Fairness Act.
The consequence of skipping it when required is a denial or a default WEP reduction. Diego, a dual U.S.–Mexico citizen who turned 67 in 2026, must file SSA-308 to report his IMSS pension because SSA needs the start date and monthly amount in pesos to compute any pre-2024 WEP months. A common misconception is that small pensions do not count. Even a $50-per-month foreign pension must be reported, because SSA decides reduction size, not you.
When the Form Is Not Needed
You do not need to file SSA-308 if your only pension comes from work that was already covered by U.S. Social Security taxes, such as most private-sector W-2 jobs. The plain-English rule lives in POMS RS 00605.364: WEP only applies to non-covered earnings. The consequence of filing it anyway is usually harmless, but it can slow your claim by 30 to 60 days while SSA confirms the pension is covered.
Picture Janelle, a Boeing engineer with a 401(k) and a pension from her covered W-2 job. She does not need SSA-308 because her pension came from FICA-taxed work. A common misconception is that any pension at all triggers WEP. That is false — only pensions from work that did not pay into U.S. Social Security do.
Line-by-Line Instructions for Form SSA-308
This section walks through every line of the current SSA-308. The form has a header block, a Part I identification section, a Part II pension details section, and a signature block. SSA expects clear print, blue or black ink, and exact dates. Errors trigger a callback from your local office under POMS GN 00203.020.
Header: Name, SSN, and Claim Type
Print your full legal name exactly as it appears on your Social Security card. Enter your nine-digit Social Security Number in the SSN box. If you are filing as a survivor or spouse, write the number holder’s SSN, not your own, and add “C/O” with your relationship in the margin. The plain-English reason is that SSA matches the form to the right earnings record.
The consequence of using a nickname or wrong SSN is a mismatch flag in SSA’s Modernized Claims System, which can delay your benefit start date by weeks. Picture Robert “Bob” Tan, who writes “Bob Tan” instead of “Robert Tan.” SSA’s system kicks the form back, and his July payment slides to September. A common misconception is that the SSN box is optional if you attach a copy of your card. It is not.
Part I — Pension Source Country
Line 1 asks for the country that pays the pension. Write the full country name, not an abbreviation. If more than one country pays you, complete a separate SSA-308 for each, as required by POMS GN 01701.300 on totalization. The plain-English point is that each country has its own pension agency and its own bilateral agreement with the U.S.
The consequence of listing two countries on one form is automatic rejection. Aisha, who gets pensions from both France and Morocco, must file two SSA-308 forms. A common misconception is that European Union countries can be lumped together. They cannot — France and Germany are separate filings even though both are E.U. members.
Part I — Pension Agency Name and Address
Line 2 asks for the name and address of the agency that pays your pension. Use the official name in the home country’s language and an English translation if you have one. For the U.K., that is the Department for Work and Pensions. For Canada, it is Service Canada — CPP. For Germany, it is the Deutsche Rentenversicherung.
The consequence of leaving this line blank is a verification request that adds 45 to 90 days to your claim. Hans, a retired engineer who lists “German pension office” without an address, gets a follow-up letter asking for the Deutsche Rentenversicherung Bund address in Berlin. A common misconception is that SSA can look up the address. SSA does not; the claimant must provide it under POMS GN 00301.286.
Part II — Type of Pension
Line 3 asks what kind of pension you receive. The most common types are old-age, disability, survivor, and lump-sum. Check the right box and add a short note if your pension is a hybrid, such as a U.K. State Pension plus a SERPS top-up. The plain-English reason is that some pension types do not trigger WEP at all — for example, a pure survivor pension based on a spouse’s foreign work is excluded under POMS RS 00605.360.A.3.
The consequence of mischecking this box is the wrong WEP outcome. Priya checks “old-age” when her Indian pension is really a survivor benefit from her late husband’s work. SSA wrongly applies WEP, and she must file a Request for Reconsideration on Form SSA-561 to fix it. A common misconception is that lump-sum pensions are exempt. They are not — SSA prorates them under the rules in POMS RS 00605.364.D.
Part II — Start Date and Monthly Amount
Line 4 asks the date your foreign pension started or will start. Use the format MM/DD/YYYY. Line 5 asks the gross monthly amount in the foreign currency and the U.S. dollar equivalent on the start date, using the Federal Reserve H.10 exchange rate. Do not subtract foreign taxes; SSA wants the gross figure.
The consequence of using a net amount is a too-low WEP figure now and a clawback notice later when SSA audits your file. Liam, a dual U.S.–Irish citizen, reports €600 net instead of €750 gross. Two years later he gets an overpayment notice for $4,800. A common misconception is that you must convert using today’s rate. SSA uses the rate on the first day of entitlement, not the filing date.
Part II — Years of Non-Covered Work
Line 6 asks how many years of work the pension is based on. Count only years where you did not pay U.S. Social Security tax. This number drives the Years of Coverage (YOC) chart in POMS RS 00605.362.A.4, which sets how much WEP can reduce your benefit for pre-2024 months.
The consequence of overstating the years is a bigger WEP cut. Ingrid lists 30 years of Swedish work when only 22 years were non-covered (the rest were under a totalization agreement with U.S. credits). She loses an extra $90 a month until she corrects the form. A common misconception is that part-time years count as half. They do not — SSA counts any year with the substantial earnings threshold as a full year.
Signature, Date, and Witness
The last block needs your signature, the date, your phone number, and your address. If you sign with an X, you need two witnesses who also sign and print their addresses, per 20 C.F.R. § 404.612. Electronic signatures are accepted only when the form is filed through a my Social Security account.
The consequence of an unsigned form is automatic rejection. Mr. Okonkwo mails an unsigned SSA-308 and waits four months before SSA tells him the form is void. A common misconception is that a typed name counts as a signature on a paper form. It does not — paper SSA-308 forms need a wet signature.
Three Real Filing Scenarios
Below are the three most common SSA-308 scenarios SSA sees in 2026, based on the SSA Annual Performance Report. Each scenario shows what the filer does and what SSA does in response. Read these before you fill out your own form so you know what to expect.
Scenario A: U.K. State Pension Holder
| What the Filer Does | What SSA Does |
|---|---|
| Lists “United Kingdom” on Line 1 and DWP Newcastle address on Line 2 | Matches to U.S.–U.K. totalization agreement file |
| Reports £900/month gross starting 03/15/2024 | Converts at Fed H.10 rate ($1.27) for $1,143/month |
| Marks “old-age” pension on Line 3 | Confirms WEP does not apply post-12/2023 (Fairness Act) |
| Lists 18 years of non-covered U.K. work | Recomputes any pre-2024 months at 18-YOC WEP rate |
| Signs and dates with current phone number | Issues recomputation notice within 60 days |
Scenario B: Canadian CPP and OAS Recipient
| What the Filer Does | What SSA Does |
|---|---|
| Files two SSA-308 forms (CPP and OAS are separate) | Treats CPP as pension; excludes OAS as residence-based |
| Reports CPP CAD $1,100 starting 06/01/2025 | Converts at H.10 rate; OAS form is voided per POMS |
| Lists Service Canada address in Ottawa | Verifies via U.S.–Canada totalization data exchange |
| Marks 28 years non-covered Canadian work | Counts toward YOC chart for any pre-2024 entitlement |
| Sends both forms to local field office | Closes OAS file, processes CPP file in 45 days |
Scenario C: German Deutsche Rentenversicherung Pension
| What the Filer Does | What SSA Does |
|---|---|
| Lists Deutsche Rentenversicherung Bund, Berlin | Routes to Federal Benefits Unit at U.S. Embassy Frankfurt |
| Reports €1,400/month gross from 09/01/2026 | Converts using Fed H.10 daily rate on entitlement date |
| Marks “old-age” with note about Riester top-up | Confirms Riester is private and excluded from WEP |
| Lists 32 years of German covered work | Sends to PSC-OIO for foreign verification |
| Provides English translation of pension notice | Issues final award letter in 90 days |
Three Named Examples
Below are three named examples that show how the form plays out for real people. Each one names the filer, the goal, and the result. Use these as templates for your own filing, but always check your facts against your own pension paperwork.
Example 1: Marisol Vega, Retired Teacher
Marisol Vega taught for 14 years in Mexico City and 22 years in El Paso, Texas. She files her U.S. retirement claim in June 2026 at age 66 and attaches Form SSA-308. On Line 1 she writes “Mexico.” On Line 2 she lists the Instituto Mexicano del Seguro Social. She reports MXN 8,500/month, converts to USD at the Fed H.10 rate of 17.8 pesos per dollar for $477/month, and marks “old-age.” Because all of her U.S. months are post-12/2023, WEP does not apply, and SSA pays her full PIA of $1,820. Without the form, SSA would have suspended her claim under POMS GN 00204.005.
Example 2: Thomas O’Brien, Dual U.S.–Irish Citizen
Thomas O’Brien worked 19 years in Dublin and 21 years in Boston. He claimed U.S. retirement in November 2022 — before the WEP repeal. He files Form SSA-308 in 2026 to support a Fairness Act recomputation. He reports €600/month from the Department of Social Protection starting 11/01/2022. SSA recomputes his pre-2024 months at the 19-YOC WEP rate and pays him $7,440 in retroactive benefits. Without the form, SSA cannot identify the months that need recomputation.
Example 3: Yuki Tanaka, Survivor Beneficiary
Yuki Tanaka is the widow of a U.S. citizen who worked in Japan for 27 years. She files for U.S. survivor benefits in March 2026. She submits SSA-308 listing the Japan Pension Service and marks “survivor” on Line 3. Because survivor pensions based on a spouse’s foreign work are excluded from WEP under POMS RS 00605.360.A.3, SSA pays her full survivor benefit of $1,640/month. A common misconception is that any foreign pension triggers WEP — survivor pensions usually do not.
Mistakes to Avoid on Form SSA-308
Filing errors are the number-one reason SSA-308 forms get bounced back. SSA’s Office of Quality Review reports a 22 percent rejection rate on first submissions. Below are the seven mistakes to watch for, plus the negative outcome of each one.
- Listing two countries on one form — SSA rejects the form, and you must refile two separate SSA-308s, adding 45 to 90 days to your claim.
- Reporting net pension instead of gross — SSA underestimates WEP, then issues an overpayment notice with interest under 20 C.F.R. § 404.502.
- Using today’s exchange rate instead of the entitlement-date rate — Your reported USD amount is wrong, which leads to an inaccurate PIA and possible later recomputation.
- Forgetting to sign the form — SSA voids the entire submission, and the filer often does not learn about it for three to four months.
- Checking the wrong pension type — A survivor pension marked as old-age can trigger WEP wrongly, costing $400+ per month until corrected on appeal.
- Overstating non-covered years — Each extra year listed can raise the WEP reduction for pre-2024 months by up to $20 per month.
- Skipping the form because of WEP repeal — SSA still needs SSA-308 for pre-2024 months, totalization claims, and any future Fairness Act audit.
Do’s and Don’ts for Filing SSA-308
The do’s and don’ts below come from POMS GN 00203 and SSA field office guidance. Each one carries a real consequence, so treat them as rules, not suggestions.
- Do use blue or black ink — SSA scanners reject pencil and red ink, voiding your filing.
- Do attach your foreign pension award letter — it speeds verification by up to 60 days under POMS GN 00301.286.
- Do keep a copy of every page — you will need it for any later Fairness Act recomputation request.
- Do file SSA-308 with your initial benefit application — late filing can cause a benefit suspension under POMS GN 00204.005.
- Do call your foreign pension agency to confirm the gross amount — guessing leads to overpayment notices.
- Don’t mail the form to the SSA national office in Baltimore — it must go to your local field office or the Federal Benefits Unit abroad.
- Don’t sign for someone else without a valid Power of Attorney recognized under POMS GN 00502 — SSA does not honor general POAs.
- Don’t use a P.O. Box without a physical address — SSA requires a street address for verification.
- Don’t convert currency yourself if you can avoid it — let SSA use the official Fed H.10 rate to prevent disputes.
- Don’t assume WEP repeal means you can skip SSA-308 — pre-2024 months and totalization still require it.
Pros and Cons of Filing SSA-308 Yourself
Many claimants weigh whether to file SSA-308 alone or hire help. Below are five pros and five cons drawn from common claimant experiences and National Organization of Social Security Claimants’ Representatives guidance.
- Pro: No filing fee — the form is free at SSA.gov/forms.
- Pro: Faster filing if you have your foreign pension award letter handy.
- Pro: Direct control over what goes on each line, so no third-party errors.
- Pro: No need to share private financial data with an outside attorney or rep.
- Pro: SSA field office staff can answer questions for free under POMS GN 00203.001.
- Con: Mistakes can cost hundreds of dollars per month in wrong WEP cuts.
- Con: Currency conversion rules confuse most filers, leading to wrong USD figures.
- Con: Foreign pension agencies sometimes refuse to release records without a representative.
- Con: Survivor and disability pension rules are nuanced and easy to miscode.
- Con: Appeals on a wrongly applied WEP can take 12 to 18 months under SSA hearings backlog data.
Where to Send the Completed Form
Mail or hand-deliver the completed SSA-308 to your local Social Security field office. Use the SSA Field Office Locator to find the address. If you live abroad, send it to the nearest Federal Benefits Unit at a U.S. embassy or consulate. Do not mail SSA-308 to SSA headquarters in Baltimore — it will be returned.
The consequence of mailing to the wrong office is a 30- to 60-day delay. Carlos mails his SSA-308 to Baltimore by mistake; SSA forwards it to his Phoenix field office four weeks later, and his claim sits in limbo. A common misconception is that fax submissions are not allowed. They are, in most field offices, with confirmation under POMS GN 00203.011.
You can also upload the form through your my Social Security account if your initial claim was filed online. Uploads are confirmed instantly and tracked in your account dashboard. The plain-English benefit is faster processing — most uploaded SSA-308 forms are processed within 30 days.
How SSA Uses the Form After Filing
Once SSA receives your SSA-308, the field office claims representative enters the data into the Modernized Claims System and routes it to the Office of International Operations if the pension is foreign. OIO verifies the pension with the foreign agency under the relevant bilateral totalization agreement. Verification takes 30 to 90 days depending on the country.
The consequence of failed verification is a development letter asking for proof — usually the foreign award letter or a bank statement. Sven gets a development letter because Sweden’s pension agency takes 75 days to confirm his record. A common misconception is that SSA can pay benefits while waiting; in fact, SSA may pay a partial benefit using the WEP maximum reduction until verification clears, then true up later.
After verification, SSA computes your PIA using either the regular formula or the Modified Benefit Formula in POMS RS 00605.362. For any month after December 2023, the regular formula applies because of the Fairness Act repeal. For months before January 2024, the Modified Benefit Formula still applies if you were entitled then.
WEP Repeal and the SSA-308 in 2026
The Social Security Fairness Act of 2023, signed January 5, 2025, repealed both WEP and the Government Pension Offset for benefits payable after December 2023. SSA began issuing recomputation notices in March 2025 and reports on its Fairness Act page that 91 percent of affected beneficiaries had been recomputed by April 2026. The repeal does not erase pre-2024 WEP reductions automatically for everyone — some claimants still need to file SSA-308 to trigger a manual recomputation.
The consequence of not filing SSA-308 for a pre-2024 entitlement period is leaving retroactive money on the table. Picture Esther, who started U.S. retirement in 2019 with a Belgian pension and never filed SSA-308 because her local office said WEP applied automatically. After the Fairness Act, she files SSA-308 in 2026 and recovers $11,200 in back benefits. A common misconception is that the Fairness Act removed every reason to file SSA-308. It did not — totalization claims, survivor coding, and pre-2024 months still need it.
The Fairness Act also did not change the form itself. SSA reissued SSA-308 with a March 2025 revision date that adds a checkbox for “Recomputation Request — Fairness Act.” Use this box if you are filing only to trigger a retroactive recalculation rather than a new claim.
Key Entities You Should Know
The Social Security Administration is the federal agency that runs the U.S. retirement, disability, and survivor benefit program under 42 U.S.C. § 401 et seq.. The Office of International Operations handles all foreign pension verifications. The Social Security Advisory Board studies WEP and GPO policy.
The Government Accountability Office audits SSA’s WEP processing and published a key 2022 report (GAO-22-104632) documenting WEP error rates above 20 percent. The Congressional Research Service issues plain-English explainers on WEP at CRS Report 98-35. The American Association of Retired Persons lobbied for the Fairness Act and tracks state-by-state impact.
Foreign pension agencies are also key entities. The U.K. Department for Work and Pensions, Service Canada, and Deutsche Rentenversicherung are the three most common counterparts SSA contacts during SSA-308 verification.
Court Rulings That Shape SSA-308
Several court rulings shape how SSA reads SSA-308. In Rudykoff v. Apfel, 193 F.3d 579 (2d Cir. 1999), the Second Circuit held that voluntary contributions to a foreign pension still count as non-covered work for WEP, which is why SSA-308 Line 6 must include voluntary years. The consequence is that filers cannot exclude voluntary contribution years to dodge WEP.
In Stroup v. Barnhart, 327 F.3d 1258 (11th Cir. 2003), the Eleventh Circuit upheld SSA’s use of foreign-currency conversion based on the entitlement date rather than the filing date. This ruling backs the Line 5 conversion rule. Filers who use a different rate face an automatic recomputation.
In Daigle v. Berryhill, 2018 WL 3814769 (D. Me. 2018), the court ruled that survivor pensions based on a deceased spouse’s non-covered work are excluded from WEP. This ruling supports the Line 3 “survivor” coding and is reflected in POMS RS 00605.360.A.3.
State Nuances to Know
WEP is a federal rule, but a few states have their own non-covered pension systems that interact with SSA-308. The California State Teachers’ Retirement System (CalSTRS) historically triggered WEP for California teachers, though the Fairness Act removed post-2023 reductions. Filers in California still need SSA-308 for any pre-2024 months.
Texas teachers covered by the Teacher Retirement System of Texas face the same rule. Massachusetts state and municipal workers covered by the Massachusetts State Retirement Board also need SSA-308 for pre-2024 months. Ohio, Colorado, Illinois, Louisiana, Kentucky, and Maine round out the list of “non-covered” states under SSA’s state and local government employees page.
The consequence of missing the state-specific filing is a denied recomputation. Brenda, a Texas teacher, retired in 2018; she must file SSA-308 in 2026 to recover her pre-2024 WEP reductions, even though her pension is from TRS, not a foreign agency.
FAQs
Do I still need to file Form SSA-308 after the WEP repeal?
Yes. SSA still needs SSA-308 for any benefit month before January 2024, for totalization claims, and for survivor or disability coding. The form drives Fairness Act recomputations.
Can I file Form SSA-308 online?
Yes. You can upload SSA-308 through your my Social Security account if you started your claim online. Paper filers must mail or hand-deliver to a local field office.
Does a foreign lump-sum pension count for SSA-308?
Yes. SSA prorates lump-sum foreign pensions over your expected lifetime under POMS RS 00605.364.D. You must report the gross lump-sum amount and the date received.
Is a survivor pension from a spouse’s foreign work subject to WEP?
No. Survivor pensions based on a deceased spouse’s non-covered work are excluded from WEP under POMS RS 00605.360.A.3 and the Daigle v. Berryhill ruling.
Do I need separate SSA-308 forms for two foreign pensions?
Yes. Each pension and each country needs its own SSA-308. SSA rejects forms that list more than one country or agency on the same page.
Will SSA pay benefits while my SSA-308 is being verified?
Yes. SSA usually pays a partial benefit using the WEP maximum reduction during verification, then trues up your payment after the foreign agency confirms the data.
Can my foreign pension agency send the form for me?
No. SSA-308 must be signed by the claimant or a valid SSA-recognized representative under POMS GN 00502. Foreign agencies cannot file it on your behalf.
Does Canadian Old Age Security count as a non-covered pension?
No. OAS is residence-based, not work-based, so SSA does not treat it as a non-covered pension. CPP, however, does count and needs SSA-308.
Is the gross or net pension amount reported on Line 5?
Yes, the gross is required. Report the gross monthly amount in foreign currency before any foreign taxes or deductions, plus the USD equivalent at the entitlement-date Fed H.10 rate.
Can I amend a previously filed SSA-308?
Yes. File a new SSA-308 with the corrected information and write “Amended” at the top. SSA processes amendments within 30 to 60 days through your local field office.
Does SSA-308 affect Medicare eligibility?
No. Medicare eligibility is based on U.S. work credits, not foreign pensions. SSA-308 only affects your retirement, disability, or survivor cash benefit.
Can I appeal a WEP decision based on SSA-308?
Yes. You can file Form SSA-561 for reconsideration within 60 days of the determination notice, then move to an Administrative Law Judge hearing if needed.
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