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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118729
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My mom is being denied her claim to social security because

Customer Question

My mom is being denied her claim to social security because my dad died on 8/2/16. They had been on Railroad Disability Pension for several years. When he passed my mom now gets what they call Widow's Annuity under the Railroad Retirement Act. If my dad never paid into "social security" but my mom did (when she worked) how is she not allowed to take hers?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your mom is receiving a pension from your father, they have what is called the Windfall Elimination Provision (WEP) which is where Congress thought that allowing someone to receive both a government pension, such as Railroad, and SS would give someone a "windfall." See:
The WEP does not normally deny all of the SS benefits, but can reduce them depending on the amount of annuity payments received.