Ask Larry

What Are Your Thoughts On My Situation?

I retired from New York State in September 2020, and began collecting Social Security in February 2021. I received a retroactive check from a contract that was settled after I retired . I believe it was in July 2021. It is common practice for New York civil service employees to receive retro checks after their late contract is settled. Social Security Administration claims I was overpaid because my "work and earnings", exceeded the earnings limit. Since I was not working, I don't think I should have to pay . I will be filling out the waiver and reconsideration forms. Your thoughts? Thanks

Hi. Generally, wages received after a person retires are counted as having been earned on the person's last date of employment for purposes of Social Security's earnings test. It sounds like what you received would qualify as a 'special wage payment' (SWP), but you'll likely need to have your employer complete the following form and submit it to Social Security: https://www.ssa.gov/forms/ssa-131.pdf.

Best, Jerry

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Posted: 
Jun 17 2022 - 12:57pm
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