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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Social Security
Satisfied Customers: 1493
Experience:  Over 20 years experience in tax preparation, including some multi-national Social Security applications.
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I was born in the UK as a UK citizen in 1949 and lived and

Customer Question

I was born in the UK as a UK citizen in 1949 and lived and worked there until I immigrated to the USA in 1993. I am now 66, a US citizen and am entitled to Social Security, I am however receiving a state pension from my work when I lived in the UK, ans the SSA say that my Social Security must be reduced because of the Windfall Elimination Provision - is this correct?
Submitted: 11 months ago.
Category: Social Security
Expert:  Arthur Rubin replied 11 months ago.

Thank you for using Just Answer.

In general, that is correct. Unless your eligibility for US Social Security depends on the US-UK Social Security treaty, your Social Security should be reduced. The formula for Windfall Elimination Provision is complicated; basically, your (US) income is administered into the calculation of your SS benefits on the basis of 90% of the first few dollars (corresponding to $826 of average monthly earnings is 2015), 32% of a much wider interval ($4980 average monthly earnings), and 15% of the rest. The WEP formula can reduce the 90% to as little as 40%.

Your US benefits will be reduced by no more than half of your UK pension.