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I have a question about why the Windfall Elimination Provision should apply to me., legal resident in US, age 70.

I have a question about...
I have a question about why the Windfall Elimination Provision should apply to me. I am British, legal resident in US, age 70. I lived and worked in the UK till coming to the US in 1996. I paid into the UK national insurance pension scheme for my working life in the UK, and now receive the UK state pension.
I started working in 2007 and earned my 40 quarters for Social Security in October 2015. I applied for SS in April this year. I have been told that because I receive the UK state pension the WEP applies to me, and my social security has been reduced.
My understanding of the WEP is that it was designed to stop "double-dipping" by people who worked in the US in jobs where they did not pay social security contributions and receive a pension from that employment. I can't see how that applies to my situation.
Could you enlighten me?
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Answered in 37 minutes by:
6/7/2016
PhillipsEsq.
PhillipsEsq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 22,402
Experience: B.A., M.B.A., J.D.
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Windfall Elimination Provision ("WEP") applies to all pension whether in the U.S. or outside the country where the Social Security claimant did not pay Social Security taxes. So, your pension in the U.K. would reduce your U.S. Social Security benefits since you did not pay Social Security taxes for your job in the U.K. WEP has the following exceptions:

"The Windfall Elimination Provision doesn’t apply if:

• You’re a federal worker first hired after December 31, 1983;

• You were employed on December 31, 1983, by a nonprofit organization that didn’t withhold Social Security taxes from your pay at first, but then began withholding Social Security taxes;

• Your only pension is for railroad employment;

• The only work you performed for which you didn’t pay Social Security taxes was before 1957; or

• You have 30 or more years of substantial earnings under Social Security.

Unfortunately, based on the information that you have provided, you do not fall under any of the exceptions.

PhillipsEsq.
PhillipsEsq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 22,402
Experience: B.A., M.B.A., J.D.
Verified
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