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What is the Windfall Elimination Provision for Social Security?

What is the Windfall Elimination Provision for Social Security?

Q: Can I appeal a WEP reduction in my benefits?

Yes, you can appeal a reduction in your Social Security benefits due to WEP. If you believe the reduction is incorrect or unfair, you can request a reconsideration of your benefits. It's important to provide any necessary documentation and to follow the appeals process outlined by the Social Security Administration.

Full question:

Hello ... I was born in London UK and only worked there a couple of years after I left school. I have lived in Phoenix Arizona for 31 years, I am 62 and have just filed for my Social Security, which will total approx $750 mth.I stupidly declared my piddly UK pension of $360 A QUARTER.Social Security Admin in AZ want to now deduct $120 a month from my piddly $750 monthly SS payment, citing it is the WINDFALL LAW .... THIS IS TOO RIDICULOUS.I only worked in UK in 1966, '67 and '68 and now in 2011 they want to penalize me in my retirement here ..... I AM SOOOO EXTREMELY MAD ABOUT THIS .... your thoughts please.

Category: Social Security
Date: 04/07/2025
State: Arizona

Answer:

The Windfall Elimination Provision primarily affects you if you earned a pension in any job where you did not pay Social Security taxes and you also worked in other jobs long enough to qualify for a Social Security retirement or disability benefit.

The Windfall Elimination Provision may apply if:
• You reached 62 after 1985; or
• You became disabled after 1985; and
• You first became eligible for a monthly pension based on work where you did not pay Social Security taxes after 1985, even if you are still working.

The Windfall Elimination Provision does not apply to survivors benefits. It also does not apply if:

• You are a federal worker first hired after December 31, 1983;
• You were employed on December 31, 1983, by a nonprofit organization that did not withhold Social Security taxes from your pay at first, but then began withholding Social Security taxes from your pay;
• Your only pension is based on railroad employment;
• The only work you did where you did not pay Social Security taxes was before 1957; or
• You have 30 or more years of substantial earnings under Social Security.

For more information, see:

http://www.ssa.gov/pubs/10045.html

Whether or not need you are subject to a decudction of the persion will depend on all the facts involved, such as the dates the pension covers. You may get assistance for determining the amount of benefits you are eligible to receive by calling the SSA at the following number:

1-800-772-1213

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the Windfall Elimination Provision?

The Windfall Elimination Provision (WEP) is a rule that reduces Social Security benefits for individuals who receive a pension from work where they did not pay Social Security taxes. This applies if you have worked in jobs that did not withhold these taxes and also qualify for Social Security benefits from other employment. The WEP aims to adjust benefits to ensure fairness in the system.

How does WEP affect my Social Security benefits?

WEP can reduce your Social Security benefits if you receive a pension from non-Social Security taxed work. The reduction is based on a formula that considers your work history and the number of years you paid into Social Security. If you qualify under certain exceptions, your benefits may not be affected. It's advisable to check with the Social Security Administration for your specific situation.

Who does the Windfall Elimination Provision apply to?

WEP applies to individuals who are eligible for Social Security benefits and also receive a pension from non-Social Security taxed employment. This includes those who reached age 62 after 1985 or became disabled after that date. There are exceptions, such as federal workers hired after December 31, 1983, and those with 30 or more years of substantial earnings under Social Security.

Can I appeal a WEP reduction in my benefits?

Are there exceptions to the Windfall Elimination Provision?

Yes, there are several exceptions to WEP. These include individuals who were federal workers hired after December 31, 1983, those who worked for nonprofits that later began withholding Social Security taxes, and individuals whose only pension comes from railroad employment. Additionally, if your non-Social Security taxed work was only before 1957, you may also be exempt.