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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12698
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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I was born in Poland and worked 20 years. I started

Customer Question

I was born in Poland and worked 20 years. I started collecting $150/mo pension at age 60. I began collecting SS after working 22 years in the USA at age 66. After 18 months SS sent me an overpayment statement of $11,000 and they have taken that out of my monthly payment and have not received any money since last July. I filed for appeal but have not heard back from them. What can I do to fix this? Thank you. Halszka Twardo Meares
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Accountant should be aware of?
Customer: no
Submitted: 2 months ago.
Category: Social Security
Expert:  Lane replied 2 months ago.

Hi. My name's Lane

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I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice on three continents since 1986.

Bear with me a moment and I’ll provide my initial response, and then we can go from there if you have further questions on this.

Expert:  Lane replied 2 months ago.

I'm so sorry, but the WEP simply is what it is. Having any pension from a non-Social Security system automatically (as soon as they find out about it) triggers the WEP reduction.

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I have a couple of thoughts, however.

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(1) If you agree that you have been overpaid and are willing to pay it back, but cannot afford to pay it back in the way they tell you about in our letter, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

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(2) Another thought; Are you getting everything you can from Polish Social Security? We have what's called a totalization agreement (Social Security treaty) with poland, where the work credits in one system can be used to generate more benefit from the other country.

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Although the WEP will reduce your benefits (never more than by 1/2. Make sure they've capped that) you may be able to use the treaty to generate a LARGER benefit from Poland.

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See this: (from https://www.ssa.gov/international/Agreement_Pamphlets/polish.html)

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"If you have Social Security credits in both the United States and Poland, you may be eligible for benefits from one or both countries. If you meet all the basic requirements under one country’s system, you will get a regular benefit from that country. If you do not meet the basic requirements, the agreement may help you qualify for a benefit as explained below.

  • Benefits from the United States—If you do not have enough work credits under the U.S. system to qualify for regular benefits, you may be able to qualify for a partial benefit from the United States based on both U.S. and Polish credits. However, to be eligible to have your Polish credits counted, you must have earned at least six credits (generally one and one-half years of work) under the U.S. system. If you already have enough credits under the U.S. system to qualify for a benefit, the United States cannot count your Polish credits.
  • Benefits from Poland—If you do not have enough work credits under the Polish system to qualify for regular benefits, you may be able to qualify for a partial benefit from Poland based on both Polish and U.S. credits. However, to be eligible to have your U.S. credits counted, you must have earned at least 12 months of Polish coverage."
Expert:  Lane replied 2 months ago.

Please let me know if you have ANY questions at all, before rating me.

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

I hope that you’ll rate me based on my accuracy and thoroughness, rather than any good news/bad news content.

That’s the only way JustAnswer.com will compensate me for the work here.

Thanks,

Lane

Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lane replied 2 months ago.

Just made the offer for phone consult..Will be available all day tomorrow for a call.