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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111657
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My husband died July 2004, I went to the Midlothian Social

Customer Question

My husband died July 2004, I went to the Midlothian Social Security Office to apply for spousal benefits and I was informed that the pension that I was receiving from the Philadelphia Police force was too high, I did not depend on my husband salary for support, that is the law and that I was not entitled to anything. On November 9, 2004 I received a letter from the Philadelphia, Pa. social security office (Notice of Award) stating that in addition to the 600 per month that I was presently receiving for disability, I will receive a 2nd check separately from my husband of $299.10 every month due to the law of him being a Postal Wkr and me being a Police Officer. I filed the letter away because Midlothian, Virginia stated that I was not entitled to anything. The letter resurfaced in my files and I called the 1 800 number they electronically pulled up the Notice of Award letter and could not believe that I did not receive the award and further instructed me to contact the Midlothian office. I called them 6/21 at `11am. They stated again that according to the law my police pension was too high and I was not entitled to anything the letter I still have in my possession. What action can I take, I was mis informed. No notification was received after the Notice of Award letter and the payments never followed as promised
Submitted: 5 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are talking about the "Windfall Elimination Provision" which is where our elected officials in Washington, DC somehow decided that when people received pensions from government entities, like the police or other government agencies, that their Social Security Benefits would be reduced because of receiving that other pension. So, if they are telling you that you are receiving other government pension benefits, under the current crazy law, they consider that allowing you to also collect SS benefits would be deemed a "windfall" to you and that you cannot collect I am afraid.