Ask Larry

Am I Understanding The WEP Exemption Correctly?

Hi Larry...I became disabled (paraplegia) back in 1983 and started collecting SSDI benefits shortly after. I eventually started teaching, although on a partial basis due to ongoing medical problems. Eventually, I accumulated enough service credit from teaching that I was able to apply/receive a disability retirement. My disability retirement is much smaller than what was expected, and due to my partial ability to teach through the full year of any of school year. I've read in SSA's POMS RS 00605.367 and POMS RS 00605.360 that because I became disabled before 1985 WEP would/ should not apply to me ? Am I understanding this correctly ?

Thank you Larry

Hi,

Yes, your Social Security benefits will not be subject to a WEP (Windfall Elimination Provision) reduction provided that you qualified for Social Security disability benefits (SSDI) before 1986 and have remained continuously entitled since that time. And, unless there is a break in your SSDI entitlement you will remain exempt from WEP when your SSDI converts to regular retirement benefits at your full retirement age.

Best, Jerry

Posted: 
May 23 2018 - 11:19am
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