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I have a state medical retirement I paid in to. I am

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I have a state medical...
I have a state medical retirement I paid in to. I am receiving permanent disability from workers comp. I was told my social security would be 746 my permanent disability is 141500 a month what would the off set amount be
Submitted: 1 year ago.Category: Social Security
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7/15/2016
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,572
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Are you saying you have a state pension AND a workers comp settlement?

And you have not yet started collecting social security disability?

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Customer reply replied 1 year ago
I am
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

OK, did you pay SS taxes on the income you earned at the state job?

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Customer reply replied 1 year ago
I worked for state 17yrs I retired at53 I have worked since a was 16
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

Please answer my question above.

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Customer reply replied 1 year ago
do you know what the offset amount would be from 1400 social security said I would receive 746 but could not tell me what the offset amount would be
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

I see that you are unable to answer the necessary questions to get to your closest most accurate answer. As such, let's see if another expert will be opting to engage in a phone call with you via this site. If not, I will try again with you later. I do have to resume my regular work day now, but I will check back later.

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Customer reply replied 1 year ago
I should not be charged for no answer
Customer reply replied 1 year ago
I am not receiving social security yet , I did not pay in social security when I worked for the state
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

OK, thank you. You potentially have more than one offset, the WEP and the Workers Compensation offset.

For WEP, because your estimated SS benefit is not based on accurate data - the SSA was not advised of your state work, because you didn't pay SS taxes on that income. Once you apply for retirement, the SSA will learn of your state work and the income you derived from that,that lead to another government pension besides the SS benefit. It will apply the WEP to correct your incorrect SS estimate. Without all income and pension information, you can't determine what that will be. However, I will send you the link for the WEP calculator.

WEP details:

Your OWN SS benefit it limited by the WEP (Windfall Elimination Provision). That provision ensures that your SS % rate is the same that is used for people who earned the same amount as you over their lifetime - previously, your reported lifetime earnings that the SSA was aware of failed to include all of your income (namely,that part you earned and didn't pay SS taxes on). The total amount is important because that amount determines if you were a poor lifetime earning (who should get a 'welfare' % rate applied to average lifetime monthly earnings, to get your end SS benefit amount) or a normal earner. Poor earners may get as high as a 55% figure applied to get them their benefits (so it won't be too low) while normal/high earners will get far less, as low as 25%). Because you were not a poor earner over your life after all, your estimate was based on wrong %, it gave you the welfare bonus, and so WEP will be applied to recalculate it to reflect your true earnings and appropriate earned (not welfare) rate.

WEP Calculator can be found here: https://www.ssa.gov/planners/retire/anyPiaWepjs04.html

Workers Compensation:

The other offset that may or may not apply is the WC offset. There is a rule that for any given month where you get SS benefits and WC benefits, there is an offset or reduction in one of them to ensure you do not collect more than 80% of your average earnings. The SSA would have (or will have) a determination of what your average earnings was for WC offset purposes. Once it knows what your average is, you will have a cap on benefits (combined) of 80% of that average income amount (monthly amount).

On a positive note: If your SS benefit is reduced by the WEP, that may actually reduce or eliminate any further reduction due to 80% rule, since you will be less likely to be getting close to that 80%.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

Here is a write up we have regarding how your WC may implicate your SS:

https://www.ssa.gov/pubs/EN-05-10018.pdf

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