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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question regarding my SS benefits concerning the

Customer Question

I have a question regarding my SS benefits concerning the Windfall Elimination Provision. I retired from the State of La after 23 yrs and draw a monthly retirement check from them. I then worked and paid in SS and at my applying for beneits at 65, I was told my retirement benefits off set my SS gross benefits, believe her words were "dollar for dollar". I was eligible for gross SS mo benefits of $423-Medicare premium, I draw $309 net a mo SS. I do not think the correct Windfall rate was applied. I had under 20 yrs pd into SS system, and on that chart at age 62 in 2010, it looks as the correct rate would be 380.5. I think they should have counted far less against my gross SS benefits, and my check should be higher. Can you check to see if this is correct? I have been drawing the gross $430 SS since 12/2015, and just learned to this Windfall info. Can I get back pay too from date I first became eligible, if they figured incorrectly? Thanks, ***** *****#437864762, dob 12/17/1949;phone#cell(###) ###-#### home#***-***-****, home address;194 Spokane Road, Natchez, MS 39120.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Real Estate? I have a question on SS benefits....but I reside in the state of MS
JA: Has anything been filed or reported?
Customer: I already filed at age 65, I receive a monthly SS check, net benefits $309 a month. I do not think this is correct. Did you get my email about the Windfall Provision?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Does she have access to the SS system? I had a mastectomy on 09/23/2015, and applied in Oct or Nov 2015, and my mind set wasn't that good. I don't have any idea of my gross mo entitlement BEFORE my State retirement was applied and subtracted out. If I need to sign anything for her to get this info, I am willing.
Submitted: 14 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 days 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.
We do not have enough information from you regarding your assets/income and it is not secure to post that much information online. HOWEVER, here is the WEP calculator used by the SSA to let you enter your information and calculate the amount that should be deducted from your SS based on your government pension payment:
If you use the above calculator and find a different amount than what is being deducted, you can file an appeal to the SSA and you would be entitled to back pay for the money they failed to pay you that you were entitled to receive.

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