I started to receive a pension from Calstrs in May 2017. At that time I was already receiving a Social Security retirement benefit for I year. A week ago I received a letter from SS informing me that due to the Windfall Elimination Provision, I had been overpaid the previous year by $250/mo. They demanded me to repay approx. $3,000. I was shocked. First by having my monthly benefit lowered by %50 ($250). Then by their demanding I return the $3000 overpayment. How they expected me to come up with $3000 I don't know. But before I do that I need to find Sme sort of legal talent to help me navigate my way through this mess. Any suggestions?

Hi,

You could file an appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf), but if your Calstrs pension is based on your earnings that were exempt from Social Security taxes then the reduction in your benefit rate and resulting overpayment is probably correct (https://www.ssa.gov/pubs/EN-05-10045.pdf). I have no way of knowing for sure, though, since I don't know all of the details of your situation.

Your other option would be to file a request for waiver of your overpayment (https://www.ssa.gov/forms/ssa-632.html). To qualify for waiver, you'll need to establish that you were without fault in causing the overpayment (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250005) and that you would not be capable of repaying the overpayment even in installments (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250100).

Best, Jerry