Ask Larry

The WEP Provision

My SS payment is being reduced as they are using the Windfall clause . But this is totally wrong and unfair! I paid into the Canadian system for 20 years and same for US . They are mutually exclusive meaning that my us payment was based on what I made in the US and vice versa. To put it differently when I started working on US in 95 my Canadian contribution became zero. Any other interpretations are criminally wrong! I am willing to challenge this to the Supreme Court as our rights are being abused.

Hi,

I guess that's not a question, so I don't know what I can tell you. The WEP provision has been in effect since 1986 (https://www.ssa.gov/pubs/EN-05-10045.pdf). I don't know how many times that it's been challenged legally since that time.

If you're unsure of the appeals process, refer to this Social Security publication: https://www.ssa.gov/pubs/EN-05-10041.pdf.

Best, Jerry

Posted: 
Apr 5 2018 - 10:58am
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