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Based on everything you've shared, this sounds like a clear case of improper dual reduction. Here's what I recommend: 1. File Form HA-501 (Request for Hearing) with SSA and RRB simultaneously 2. Specifically request an "on-the-record" decision which can be faster than waiting for a hearing 3. Include a clear financial hardship statement about the housing situation 4. Request expedited processing due to dire need (possible homelessness) For legal help, look for an attorney who specializes in federal benefits, particularly someone with RRB experience. Elder law attorneys rarely have the specialized knowledge for these dual-system cases. The National Organization of Social Security Claimants' Representatives (NOSSCR) can help you find someone with the right expertise.
I'm dealing with a similar WEP situation with my mom's benefits, though not as complex as yours with the railroad component. One thing that helped us was documenting the exact timeline of when each reduction was applied and by which agency. The fact that your father-in-law's benefits were fine until SSA approval suggests the RRB may have incorrectly recalculated after that point. Keep pushing for that detailed calculation breakdown from both agencies that others mentioned - the math should show if there's truly a double penalty happening. Also, given the housing crisis he's facing, definitely mention the "dire need" status in all communications. Some offices have expedited review processes for cases involving potential homelessness. Document everything about his current financial hardship - rent receipts, assisted living costs, medical expenses, etc. This can help prioritize your case. Wishing you and your father-in-law the best with this appeal process. The system shouldn't be this complicated for people who worked their entire lives.
Thank you for the advice about documenting the timeline - that's really smart! You're absolutely right that the timing is suspicious since everything was fine until SSA got involved. We're going to create a detailed timeline showing exactly when each reduction happened and which agency applied it. The dire need documentation is also a great point - we have all his assisted living bills and can show the exact financial impact. It's just so frustrating that seniors have to jump through all these hoops when they should be enjoying their retirement. Thanks for the encouragement!
Update: I used that Claimyr service someone mentioned and actually got through to the IRS yesterday! The agent was surprisingly helpful and set me up on a minimal payment plan ($75/month) based on my expected income. She said as long as I keep making the payments, they won't levy my Social Security at all. Such a relief! Now I can go ahead and file for my benefits without worrying. Thanks everyone for your help!
That's fantastic news! So glad you were able to get through and work out a reasonable payment plan. $75/month is definitely manageable and much better than having 15% automatically taken from your Social Security. This is a great example of why it's worth the effort to actually speak with someone at the IRS rather than just accepting the default garnishment. Your success story will hopefully help other people in similar situations know that there are options available. Enjoy your retirement benefits when they start coming in!
I checked my earnings record and have 28 years of substantial earnings according to SSA's chart. So I should still get a reduced WEP penalty, not the full amount. I'll make sure to point this out too. Thank you both!
With 28 years of substantial earnings, your WEP reduction should be significantly lower than the maximum. The reduction decreases as you approach 30 years - you should be getting a much smaller penalty than someone with fewer years of coverage. This makes their overcalculation even more egregious. When you contact the OIG and your Senator's office, make sure to emphasize that they're not just exceeding the statutory maximum WEP reduction, but they're also ignoring your substantial earnings history that should reduce the penalty further. Document everything - dates of calls, names of representatives, exactly what they told you. This systematic misapplication of WEP rules affecting multiple benefit calculations suggests a serious training or system issue at your local office that needs investigation.
anyone know if IRA distributions count towards the earnings limit? i might retire next year too and was gonna use some of my IRA money
Just wanted to add one more important detail that I learned the hard way - when you do apply for Social Security, make sure to clearly indicate on your application that you're retiring mid-year and will only be earning self-employment income after your benefit start date. There's a specific section where you can explain your work situation. I'd also recommend keeping detailed records of your last day of W-2 employment and when you officially "retire" from that job, because SSA may ask for documentation. The clearer you are upfront about your earnings timeline, the less likely you'll have issues later. Also consider doing a trial work period calculation with SSA before you start benefits - they can walk you through exactly how the monthly earnings test will apply to your specific situation.
Noah huntAce420
WEP and GPO are the two WORST rules in social security!!! teachers and other public servants get totally screwed by these rules. call your congressperson and tell them to support the Social Security Fairness Act to repeal both these unfair penalties!!!
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Dananyl Lear
•You're so right about these rules being unfair to teachers. My sister taught elementary school for 22 years and her Social Security benefit is tiny because of WEP. I had no idea there was legislation to address this - we'll definitely contact our representatives.
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Honorah King
I'm new to this community but wanted to share some additional resources that might help your sister. The SSA has a specific publication (SSA-05-10084) called "Government Pension Offset" that explains exactly how GPO affects survivor benefits. You can find it on their website under publications. Also, many local libraries have AARP tax volunteers during tax season who are trained on Social Security issues - they might be able to help walk through the calculations for free if she can't afford a financial advisor right now. The key thing everyone here is right about is don't wait to apply - even if the amounts need to be adjusted later, getting the application in starts the clock for those retroactive payments. One more tip: when she calls or visits SSA, ask them to provide the calculation in writing. Sometimes seeing the numbers broken down step by step makes it easier to understand and catch any errors.
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