How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35406
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
15277592
Type Your Social Security Question Here...
LawTalk is online now
A new question is answered every 9 seconds

Can i draw both U S and Canadian S S? without penality????

Customer Question

can i draw both U S and Canadian S S?
without penality????
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I'm afraid that in many circumstances it is not possible to draw both a US social security benefit and a Canadian retirement benefit without the US Social Security decreasing the benefit you are entitled to based on the fact that you are receiving a pension from another country. This is because of the Windfall Elimination Provision. Let me explain. If you will be receiving an annuity/pension payment from a retirement system---even from another country's pension system--- where you did not pay US Social Security taxes, you’ll be subject to the Windfall Elimination Provision (WEP). The WEP will reduce your Social Security benefit if you have fewer than 30 years of “substantial earnings” under Social Security. Substantial earnings are greater than those required to earn Social Security credits. To see what substantial earnings are by year see this link:http://www.canyonsdistrict.org/index.php?option=com_docman&task=doc_download&gid=922This is a very complex area of Social Security law, and therefore, I will point you to this excellent primer on the WEP:http://www.ssa.gov/pubs/10045.pdf Generally, if a person qualified for their non-social security pension after December 1, 1982, and they worked less than 20 years in a job where they paid social security taxes, then up to 1/2 of their non-social security pension benefit would be applied (deducted) against any expected Social Security benefit. Here is a link to a chart which will determine the effect that your Canadian pension will have on your social security benefit if you have worked more than 20 years in the US/paying US Social Security taxes: http://financialducksinarow.com/4415/substantial-earnings-with-regard-to-wep/ You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug

Related Social Security Questions