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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35307
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Ron here age 64 ,I need info gov. off set. I have as of now

Customer Question

Hello,
Ron here age 64 ,I need info gov. off set. I have as of now a civil service and Navy reserve retirement. I also worked a part time /full time job out of my house doing dental lab work. While my SS is only about $800, they want to off set it and only give me about $400. Then at age 65 they want to take more out for me medicare. So is there and way to keep the money I earned. I have not started SS yet.
Thank You,
Ron
Submitted: 8 months ago.
Category: Social Security
Expert:  LawTalk replied 8 months ago.

Good morning Ron,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

So long as you are not yet taking your civil service pension the WEP offset will not be applied to your social security benefit. But there is no way to avoid the offset once you are taking the public pension, and unless you choose to opt out of Medicare Part B, you will be charged a monthly premium for that Medicare insurance benefit. There simply is no way to avoid this dilemma. However, when you are subject to the WEP, the reduction in your Social Security benefit cannot be more than 50% of the amount of your government pension.

You should know that the WEP does not impact that part of your income that is derived from a non-Social Security-covered military reserve service pension. So even if you didn't pay social security taxes on your reserve wages, the WEP will not use that pension as an offset to your social security benefit.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 8 months ago.
Doug,
You mention Non-SS covered. My civil service is non-SS and they took out 7% of my pay to pay for it . MY SS is off the work I did at home. Yes I'm receiving both retirement checks now. Again I worked for one and paid for the other ! Can I get all my money back in a lump sum with interst?
Expert:  LawTalk replied 8 months ago.

You wrote: My civil service is non-SS and they took out 7% of my pay to pay for it Who took 7%---the military, or your civil service employer?

Customer: replied 8 months ago.
civil service took 7%
Expert:  LawTalk replied 8 months ago.

Hi Ron,

Civil Service generally takes money from your pay to help pay for the pension benefits that you get. This is normal.

I think the issue is that you understand the WEP process but you don't like it. I could explain why the WEP was originally put into law---and it was done for a fair reason---but that still would not make you happy.

I understand you worked for one and paid for the other. Social security is not earned in a flatline fashion though. For people who don't earn much money in their lifetime, social security is heavily weighted on the first $350,00 of income earned in a lifetime so as to provide people with no other pension a livable social security income. These low income people are literally given a subsidy through the way social security is calculated. Congress determined that people with other pensi0ons earned when social security taxes were not paid did not need, nor deserve this subsidy. I understand you don't like it. I'm not fond of it either. But the law is what it is, and being unhappy about it will accomplish nothing.

I don't know what to tell you. I answered your question So is there and way to keep the money I earned. No there is not. There is no way to avoid the effect of the WEP unless you actually work for at least 30 years paying into social security. Doing that earns your way out of the WEP---nothing else does.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Expert:  LawTalk replied 8 months ago.

If you truly want to understand why the WEP was enacted, I will explain it over the phone to you. I won't take up a couple of hours trying to set it out in writing to you though. It is extremely complicated, and in the end, I doubt that it really matters to you---the why of it all. You can't get around it though.

Your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

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.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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