I worked in the US for 10 years on a green card and, for the last 20 years in France (having given up my green card) - paying in to the AGIRC/ARRCO private pension program. Being 66, I have returned to live in the US on a new green card and applied for my US pension highlighting that I receive a French private pension. My former "estimate" of $1,480 for my US pension has been reduced to $1,100. I believe that AGIRC/ARRCO, being personal paid programs (like, I believe, IRA/401K) are should NOT be treated like a formal "state" pension from France (which I do not receive). Do I have a case to challenge the reduction or should I just let it go? In addition, my wife is also turning 66 and without a pension (from US or elsewhere). Can she receive a spouse pension? Many thanks for your feedback.

Hi,

I'm sorry but I'm not familiar with the French pension plan you reference, so I'm not sure whether or not Social Security was correct in reducing your benefit rate based on the Windfall Elimination Provision (WEP). You may want to research the following section of Social Security's operations manual in order to judge for yourself whether or not your pension from France meets the definition of a pension for WEP purposes: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605364.

My thought is that it probably wouldn't hurt to at least file for reconsideration, which is the first step in the appeals process (https://www.ssa.gov/pubs/EN-05-10041.pdf). That would assure having another set of eyes review your case. You could then decide on whether or not to pursue further appeals if the reconsideration decision is unfavorable.

And yes, it sounds like your wife would likely qualify for spousal benefits on your own record assuming that she's currently residing in the U.S.

Best, Jerry