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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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Madam: I am a retired federal service employee drawing a

Customer Question

Dear Sir/Madam:
I am a retired federal service employee drawing a federal pension.
I am also drawing social security based upon other work. When my social security benefits were calculated, I was subjected to a reduction in benefits under WEP, because of my federal pension.
However, in 2009, the Eighth Circuit Court found that members of the uniformed services qualify for an exception to the WEP.
Since 5 or 6 years of my federal employment was as a dual status military technician, I feel I should not be subject to the WEP.
How do I request a reevaluation of my social security benefits?
Jerry Albrecht
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

Hi Jerry and welcome to our site!

You are correct - the 8th Circuit Court of Appeals ruled in 2009 that a person who retires as a Dual-Status Technician is excepted from the WEP.

That decision is legally binding only in those States under their jurisdiction - Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.

See here

Detailed Explanation of WEP and How it Affects Dual-Status Technicians

To request a reevaluation - you need to contact SSA directly. There is no special form.

However because of complications - I strongly suggest to have a local SSA attorney representing your case.

If you are not able to communicate via the phone - I might suggest to visit your local SSA office.

But - again - because of complications and absence of established procedure - we may not expect that your case will be resolved quickly.

Expert:  lev-tax replied 1 year ago.

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