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 lev-tax Your Own Question
lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28395
Experience:  Taxes, Immigration, Labor Relations
870116
Type Your Social Security Question Here...
lev-tax is online now
A new question is answered every 9 seconds

Madam: I am a retired federal service employee drawing a

Customer Question

Dear Sir/Madam:
I am a retired federal service employee drawing a federal pension.
I am also drawing social security based upon other work. When my social security benefits were calculated, I was subjected to a reduction in benefits under WEP, because of my federal pension.
However, in 2009, the Eighth Circuit Court found that members of the uniformed services qualify for an exception to the WEP.
Since 5 or 6 years of my federal employment was as a dual status military technician, I feel I should not be subject to the WEP.
How do I request a reevaluation of my social security benefits?
Regards,
Jerry Albrecht
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

Hi Jerry and welcome to our site!

You are correct - the 8th Circuit Court of Appeals ruled in 2009 that a person who retires as a Dual-Status Technician is excepted from the WEP.

http://media.ca8.uscourts.gov/opndir/11/02/092374P.pdf

That decision is legally binding only in those States under their jurisdiction - Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.

See here

Detailed Explanation of WEP and How it Affects Dual-Status Technicians

To request a reevaluation - you need to contact SSA directly. There is no special form.

However because of complications - I strongly suggest to have a local SSA attorney representing your case.

If you are not able to communicate via the phone - I might suggest to visit your local SSA office.

But - again - because of complications and absence of established procedure - we may not expect that your case will be resolved quickly.

Expert:  lev-tax replied 1 year ago.

I appreciate if take a moment to rate the answer.

Experts are ONLY credited when answers are rated positively.

If you still have any doubts, need clarification - please be sure to ask.
I am here to help you will all tax related issues.