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Social Security Law Questions

What is Social Security?

When a person retires, then they are eligible for Social Security, which is a mandated supplemental retirement program in the United States that was placed into existence in the year 1935 as part of President Roosevelt’s New Deal. The Social Security program was brought into place because of the Great Depression, which left many of the nation’s elderly in poverty type situations. Social Security gets its funding from payroll taxes, when the person pays a certain percentage of their paychecks into the Social Security program. Read below for more answers given by the Experts about social security.

If a person is a teacher in the state of Massachusetts and plans on retiring, will their Social Security benefits be effected if they receive a pension from the schools?

If the person is receiving the pension from the school and did not put in 30 years of substantial earnings, then the person may be subject to the Windfall Elimination Provision or WEP. If the person falls into this category, then they take a chance of their Social Security benefit to be lower than if they retire after 30 years of substantial earnings.

Can a person collect Social Security Benefits from their ex-husband if they collect Social Security Insurance (SSI)?

In most cases, when a person divorces, they lose all claims against the ex-spouses Social Security if they are under the age of 62. The only way the person may be able to get the benefits from the ex-spouse’s benefits would be if the person was 62 years of age and the ex-spouse has reached retirement age and the person has not remarried. The person would need to be married to the ex-spouse for a period of ten years. The person can go to http://www.ssa.gov/retire2/yourdivspouse.htm and find out more about the divorced spouses and Social Security.

If a person is a teacher in the state of Texas and they signed a contract for Teacher Retirement System (TRS) and then went to a private school where they do not do TRS but hold out for Social Security, will the person be able to collect their Social Security or did they lose all rights to it when they signed the TRS contract?

In the state of Texas, when the teacher signed the TRS, they did not actually give up their rights to Social Security. When the person signed the TRS or Teacher Retirement System, they stopped paying into the Social Security program and paid into the TRS instead. The person would still be able to get Social Security based on what their spouse pays in and their Social Security benefit may be lowered based on the amount that they receive from the TRS.

Does a person’s government retirement amount affect a person’s Social Security benefit amount.

As long as the person has paid into the Social Security program while they were paying into the government pension, then the pension will not generally affect the Social Security benefits that the person receives. If the person does not pay into the Social Security program, then they would be subject to a lower amount of Social Security if any at all.

The Social Security program is a program that is in place to help a person when they retire as long as the person has paid into the program. When a person is thinking about retiring and they need to look into how Social Security works or what laws surround the Social Security program, then they would need to consult an Expert to get the answers that they need.

Ask a Social Security Expert

dylatess
dylatess, ATTORNEY
Category: General
Satisfied Customers: 3231
Experience:  36 plus years of SSD practice
29685164
Type Your Social Security Question Here...
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Social Security Experts are Online Now

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Social Security Experts are online & ready to help you now

dylatess
ATTORNEY
Satisfied Customers: 3096
36 plus years of SSD practice
Megan C
Certified Public Accountant (CPA)
Satisfied Customers: 3942
Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
LawTalk
Attorney
Satisfied Customers: 1138
I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

Recent Social Security Questions

  • I will be traveling abroad for 11 weeks (not living abroad

    I will be traveling abroad for 11 weeks (not living abroad or working abroad--just touring independently). Should I notify Social Security about my plans? I have read the literature relating to this but it seems to be mostly directed to those who are living abroad. I am concerned that reporting will lead to complications that will result in withheld checks. Also, SS may be sending me mail while I am gone on another issue. Will that mail be forwarded with my other usps mail or is it not forwardable?
  • Ok my ex mother inlaw was collecting death benefits for my

    Ok my ex mother inlaw was collecting death benefits for my two minor children for 8 mos on my deceased ex wifes ss account. I filed in Sept and began rcv benefits for them in oct. I have had custody of my two children since jan and Social Security made te mother in law pay back all issued benefits. My question is will that money on their behalf be paid to me for their care or since I didn't file until sept is that money gone?
  • we have a working farm and it has a loss, i also have a job

    we have a working farm and it has a loss, i also have a job that makes more than i am allowed by social security. due to the fact I have to put money back into the farm from my job will it affect my social security benefits that I draw.
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