Hello - My wife and I have just filed for, and received social security awards in November. We have only 60 days to appeal the amounts. I am retired (industrial disability) law enforcement and received a 50% pension. Had I not been injured on the job and worked until age 53, I would have received a 75% pension, thus my injury (and reduced number of years on the job) cost me about 1/3 of a full retirement. I did not pay into Social Security while working law enforcement. I've paid enough into Social Security from another "covered" job that I'm eligible for benefits. Social Security slapped a 40% WEP penalty on my award, so I get only 60% of the maximum amount I would have received at full retirement age, 66. My wife just missed having enough "working quarters," thus she filed on my earnings and was awarded 50% of my amount. Thus my award is my primary insurance amount (PIA)-40% and her award is 1/2 of that. Although my disability pension is only 50% instead of a possible full retirement pension of 75%, apparently the WEP penalty is NOT reduced at all. My wife's award is obviously affected by the WEP. She ends up with 30% of my PIA and I end up with 60 % of the PIA. Does all of this seem correct to you, or do you see any grounds for appealing the award amounts? Thanks for any help on this matter!

Hi,

Yes, it sounds like the windfall elimination provision (WEP) was correctly applied to your and your wife's benefits. I have no way of knowing if the precise amounts are correct, but it sounds like the application of a WEP reduction is correct in principle.

Even if your non-covered pension is less than it would have been under other circumstances, the full WEP percentage reduction applies unless the reduction in your Social Security benefit rate exceeds one-half of your non-covered pension amount. This 50% limit is referred to as the 'WEP guarantee', but it does not include the amount of the reduction to your wife's benefit rate.

I can't advise you regarding filing an appeal. From your description, it doesn't appear that anything is amiss, but mistakes do happen. You'll need to use your own judgment for that decision. For more information about the WEP provision, refer to the following pamphlet: https://www.ssa.gov/pubs/EN-05-10045.pdf. For more information regarding the appeals process, see the following: https://www.ssa.gov/pubs/EN-05-10041.pdf.

Best, Jerry