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I'm a retired Texas teacher who retired before 7/01/04 to…

I'm a retired Texas teacher...

I'm a retired Texas teacher who retired before 7/01/04 to comply with WEP. I paid into both TRS and SS the day of my retirement. I drew TRS pension and worked part time. In 2007, I fully retired and received SS benefits. I worked 40 quarters on my own record. My husband died in 2013 and I began receiving his benefits. In May of 2017, I was notified that I owed SS thousands of dollars and would no longer receive his SS. I appealed each time SS sent me forms. Why I'm not exempt from WEP?

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Answered in 31 minutes by:

7/25/2018

Social Security Expert: lev-ssa, Retirement and Benefits replied 4 years ago

lev-ssa, Retirement and Benefits

Category: Social Security

Satisfied Customers: 63,618

Experience: Retirement Planning, Benefit Qualification, Taxes, International Issues

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The issue here - if you start receiving benefits as a survivor spouse - these benefits are NOT subject to WEP...

However such benefits are affected by different provision - Government Pension Offset (GPO).

The SSA will reduce your Social Security benefits by two-thirds of your government pension.

In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits.

For example, if you’re eligible for a $500 spouses, widows, or widowers benefit from Social Security, you’ll get $100 a month from Social Security ($500 – $400 = $100).

If two-thirds of your government pension is more than your Social Security benefit, your benefit could be reduced to zero.

Sorry for your situation.

Customer reply replied 4 years ago

Why did they send it to me if I wasn't supposed to have it? The first bill was around $82,000. The last one was a little over $40,000 because they said they'd underpaid me more than $38,000. Most TRS retirees have enough retirement to offset the SS benefits so why did we understand that being not subject to the WEP meant we would receive our spouse's SS? How will SS collect the money owed to them? Will it be in probate?

Social Security Expert: lev-ssa, Retirement and Benefits replied 4 years ago

Sorry for your situation...

Most likely - the SSA representative made a mistake - and did not tell you are subject to GPO.
Please be aware that is not WEP.

In your situation - you might be better to stay on your own benefits and not switch to survival benefits.

The SSA will collect from your own benefits - and there will be monthly garnishment.

It may take years to pay off - but they have limited options to levy.

lev-ssa, Retirement and Benefits

Category: Social Security

Satisfied Customers: 63,618

Experience: Retirement Planning, Benefit Qualification, Taxes, International Issues

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lev-ssa and 87 other Social Security Specialists are ready to help you

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Customer reply replied 4 years ago

Thanks! I just checked my files and I appealed in March when they notified me that I owed them $44,000 and that they were raising my SS to $468. They'd reduced my SS check to $168 while they studied the situation. So, I guess the ball is in their court. I hope that they'll just take my small check for years than have me pay it all off right away. It's more than a little disconcerting for this to happen in my retirement years when I've always been so conservative.

Social Security Expert: lev-ssa, Retirement and Benefits replied 4 years ago

An overpayment occurs when Social Security pays you more than you should’ve been paid.

If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

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

If you agree that you have been overpaid, but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

Here are all possible options...

Customer reply replied 4 years ago

Thank you! At least I know what the issue is now. I've never had it explained to me in the letters from California or when I visited the local SS office. It's not really fair that I have to pay for someone else's mistake but at least I understand it. Have a nice evening!

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