Social Security

Ask Social Security Questions and Get Answers ASAP

Ask an Expert,
Get an Answer ASAP!

Social Security

I was living in the US married to a US citizen, while still

Customer Question
working in Canada, paying in...
I was living in the US married to a US citizen, while still working in Canada, paying in to Canadian CPP and nothing to US Social Security. I'm now divorced and retired but still living in the US, as a permanent resident (green card). Currently I'm collecting my Canadian work pension, plus half of my ex-wife's social security. We were married 29 years and she paid in to SS about 35 years. My question is what would happen to my social security if I started to collect CPP? I read about the "Windfall provision" would that apply?
Submitted: 4 years ago.Category: Social Security
Show More
Show Less
Ask Your Own Social Security Question
Answered in 6 minutes by:
6/20/2013
Social Security Expert: LawTalk, Attorney replied 4 years ago
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,857
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
Verified
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you presently eligible to take your CPP benefit?

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Yes, I can start collect at any time. Its the same system as in the US if you wait, the benefit increases up to age 70.

Social Security Expert: LawTalk, Attorney replied 4 years ago
Good afternoon Eric,

I am familiar with the Canada pension program as I answer quite a few WEP questions.

You asked: My question is what would happen to my social security if I started to collect CPP? Yes, pensions from foreign governments that were earned while you earned income but did not pay into the US social security system during that time will be subject to the WEP when you start receiving your benefits.

If you will be receiving an annuity/pension payment from a retirement system where you did not pay Social Security taxes, you’ll be subject to the Windfall Elimination Provision (WEP). The WEP will reduce your Social Security benefit if you have fewer than 30 years of “substantial earnings” under Social Security. Substantial earnings are greater than those required to earn Social Security credits. To see what substantial earnings are by year see this link:

http://www.canyonsdistrict.org/index.php?option=com_docman&task=doc_download&gid=922

This is a very complex area of Social Security law, and therefore, I will point you to this excellent primer on the WEP:

http://www.ssa.gov/pubs/10045.pdf

Generally, if a person qualified for their non-social security pension after December 1, 1982, and they worked less than 20 years in a job where they paid social security taxes, then two-thirds of their non-social security pension benefit would be applied (deducted) against any expected Social Security benefit.

According to the Social Security Administration, substantial earnings is defined as an amount equal or above the amounts shown in the table below:

Year

Substantial Earnings

1937-1954

$900

1955-1958

$1,050

1959-1965

$1,200

1966-1967

$1,650

1968-1971

$1,950

1972

$2,250

1973

$2,700

1974

$3,300

1975

$3,525

1976

$3,825

1977

$4,125

1978

$4,425

1979

$4,725

1980

$5,100

1981

$5,550

1982

$6,075

1983

$6,675

1984

$7,050

1985

$7,425

1986

$7,825

1987

$8,175

1988

$8,400

1989

$8,925

1990

$9,525

1991

$9,900

1992

$10,350

1993

$10,725

1994

$11,250

1995

$11,325

1996

$11,625

1997

$12,150

1998

$12,675

1999

$13,425

2000

$14,175

2001

$14,925

2002

$15,750

2003

$16,125

2004

$16,275

2005

$16,725

2006

$17,475

2007

$18,150

2008

$18,975

2009-2011

$19,800

So, if your earnings from your Social Security-covered job are substantial according to the table above, it is possible to change the reduction factor, increasing it from the standard 45% – and even possibly eliminating it, depending upon how many years you’ve earned those substantial earnings.

As long as you’ve had those substantial earnings for more than 20 years, follow the table below to determine what your first bend point factor would be.

Years

First Bend Point
Percentage Factor

30 or more

90%

29

85%

28

80%

27

75%

26

70%

25

65%

24

60%

23

55%

22

50%

21

45%

20 or less


You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

The social security I'm collecting is based on my ex-wife's work record, which is 30+ years, I have of course 0 years. Would her 30+ years count, to eliminate the windfall?

Social Security Expert: LawTalk, Attorney replied 4 years ago
Good afternoon,

No, her years do not count to decrease or eliminate your WEP impact, unfortunately. The WEP will effect you as soon as you begin taking your CPP.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own Social Security Question
Social Security Expert: LawTalk, Attorney replied 4 years ago
Good evening Eric,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Ask Your Own Social Security Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

dylatess

dylatess

ATTORNEY

3,441 satisfied customers

37 plus years of SSD practice

Megan C

Megan C

Certified Public Accountant (CPA)

4,565 satisfied customers

Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level

LawTalk

LawTalk

Attorney

37,857 satisfied customers

I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

R. Klein, EA

R. Klein, EA

Accountant

334 satisfied customers

Tax & Social Security Benefits specialist

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

233 satisfied customers

Licensed in multiple jurisdictions, experienced business attorney.

AttorneyTom

AttorneyTom

Attorney

16 satisfied customers

Attorney

Stephanie O Joy, Esq

Stephanie O Joy, Esq

Soc. Sec. Attorney

3,234 satisfied customers

22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

< Previous | Next >

Related Social Security Questions
I need information about SSI and if I qualify for the
I need information about SSI and if I qualify for the benefit … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I need to change my benefit from direct deposit to postal
I need to change my benefit from direct deposit to postal service due to relocation .Thank you … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,804 satisfied customers
I want to deposit my social check to a new account. I
I want to deposit my social check to a new account . I contacted th bank and they sent a form which I can sign . What do I do now . The form is an email which I can sign. … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
84 satisfied customers
Someone opened a credit card in myname. Bank told me to
Someone opened a credit card in myname. Bank told me to notify SSA. How do I do this when I can't get SSA to answer phone??? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,804 satisfied customers
My husband and I are both veterans. I read it gets served
My husband and I are both veterans. I read it gets served between 1957 and 1977 they should get $300.00/ mo. More in benefits. Is this true? We both served in this time period.… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Can I begin collecting SS even if I am still working? Or do
Can I begin collecting SS even if I am still working? Or do I have to physically leave the company I work for to collect? … read more
Carter McBride
Carter McBride
LLM
262 satisfied customers
Why was not inform about paying into Medicaid and Medicare
Second opinion] Why was not inform about paying into Medicaid and Medicare out of my social security benefits? … read more
ABC Accounting Group
ABC Accounting Group
Bachelor\u0027s Degree
686 satisfied customers
I received notices that I would not receive a 2% increase in
I received notices that I would not receive a 2% increase in payment this year. why? … read more
Carter McBride
Carter McBride
LLM
262 satisfied customers
I am enrolled in medicare and will be collecting on my
I am enrolled in medicare and will be collecting on my ex-husbands social security starting march 1st. I am filling out the application for medicare part b and need to know if I use his ss number as t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I AENDM 75 MY INCOME FROM MY ANNUITY IS2620.00 MYSOCIAL IS
I AENDM 75 MY INCOME FROM MY ANNUITY IS2620.00 MYSOCIAL IS 1,178,00 WHAT DO I PAY IN TAXES … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I have changed checking account that my ss check is
I have changed checking account that my ss check is deposited into. How do I perform this task? … read more
Carter McBride
Carter McBride
LLM
262 satisfied customers
I receive disability and Medicare parts A and. I live in
I receive disability and Medicare parts A and B. I live in Puerto Rico and due to the impact and damage suffered by hurracaine Irma and Maria and the rise in cost of living increase it is becoming ext… read more
Carter McBride
Carter McBride
LLM
262 satisfied customers
I have an immigrant student who is 58 years old. She wants
I have an immigrant student who is 58 years old. She wants to work in anticipation of retiring and collecting social security. I heard that there are required quarters. What are quarters and how many … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
When I got my check this month it was 30 cents less than the
when I got my check this month it was 30 cents less than the month before. I was under the thought that we were getting a cost of living raise. I know I do not get much , but dam to get less is a real… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
I will be turning 65 this September. I am presently
I will be turning 65 this September. I am presently receiving SSD. Does this change to SSI or stay as disability forever? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My wife and I need letters from S.S. saying that we will be
My wife and I need letters from S.S. saying that we will be receiving benefits during 2018 (we are applying for residence in a affordable rent facility). … read more
dylatess
dylatess
ATTORNEY
JD
3,441 satisfied customers
I have a letter that I got on the 1st January saying I am no
I have a letter that I got on the 1st January saying I am no longer will receive Disable because I turn 66 years old . I would like to know why. And also lost benefit this out of line and not right. I… read more
Carter McBride
Carter McBride
LLM
262 satisfied customers
I receive direct deposit from my deceased husband's account.
I receive direct deposit from my deceased husband's account. I need to change the bank account to which the deposits are made. … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,804 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x