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Social Security + Railroad benefits being reduced by WEP - fighting dual reduction appeal?

My father-in-law is in a desperate situation with his retirement benefits and I'm hoping someone here has experience with this specific problem. He worked for the railroad for 12 years and then had various jobs with Social Security coverage for another 49 years (yes, he worked until he was 78!). He was receiving his Railroad Retirement pension just fine until last October when his Social Security retirement benefits were finally approved. Then disaster struck - the Railroad Retirement Board took almost 75% of his Social Security check AND reduced his RRB pension due to the Windfall Elimination Provision (WEP). It's like he's being penalized twice for the same thing! His monthly income has dropped by over $1,100 and now he can't afford his assisted living apartment. We've filed appeals with both agencies but keep getting contradictory information about who's responsible for the calculations. Has anyone successfully appealed a WEP reduction when dealing with both railroad retirement and Social Security? Did you need a lawyer? What kind of documentation made the difference? Time is running out before he loses his housing situation completely.

Chloe Taylor

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My uncle was in almost the exact same situation!!! The RRB and SSA kept pointing fingers at each other and NOBODY could give him a straight answer. Its absolutely CRIMINAL how they treat seniors who worked their whole lives. Why should your FIL be punished for working TWO careers??? Makes me so ANGRY

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Omar Hassan

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It's incredibly frustrating! Did your uncle ever get it resolved? We're getting desperate here.

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ShadowHunter

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I helped my client win an appeal in a somewhat similar situation. Here's what worked: 1. Request a detailed benefit calculation statement from BOTH agencies showing exactly how they applied WEP 2. Check if your father-in-law has at least 30 years of "substantial earnings" under Social Security - if so, he should be exempt from WEP 3. Look for any overlapping work periods where both RRB and SSA are counting the same earnings 4. File for reconsideration with both agencies simultaneously, with clear documentation showing the double reduction The RRB handles Tier 1 benefits (similar to Social Security) and they're typically the ones who need to adjust their calculation. The key is proving the double-penalty situation with solid documentation of both benefits before and after.

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Omar Hassan

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Thank you so much for this detailed advice! I'm going to request those calculation statements today. We did check his earnings record and he has 26 years of "substantial earnings" under Social Security - not quite the 30 needed for full exemption. But the double reduction still feels unfair. Did your client need an attorney for the appeal process?

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Diego Ramirez

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I went through something similar with my husband's benefits (railroad + SS). We finally got it fixed by getting someone on the phone at the RRB Office of Programs who could actually explain the calculation. Regular customer service reps just kept reading scripts to us. We had to prove that the SSA already applied their WEP reduction, and then the RRB was applying another reduction on top of that. Took about 4 months but we got a partial adjustment and about $600/month restored. Make sure you're keeping records of EVERY conversation, who you talked to, what they told you. The inconsistency between representatives is mind-boggling.

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Omar Hassan

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That's really helpful! Did you have any luck getting through to someone at the Office of Programs directly? We've been trying for weeks but can't get past the general customer service line.

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hey i had this same wep problem but not with railroad just regular SS. my advice is DONT bother with the reglar appeal process its a WASTE OF TIME!!!! They denied me THREE TIMES and then I got a lawyer who specializes in SS cases and we won in less than 2 months. find someone who knows both railroad and SS rules - regular SS lawyers dont always know the railroad stuff

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Omar Hassan

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That's good to know - we were worried about exactly that. Do you remember what type of lawyer you used? Was it an elder law attorney or someone who specifically handled Social Security cases?

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Sean O'Connor

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After struggling to reach someone at Social Security about my WEP issue for weeks, I found this service called Claimyr (claimyr.com) that got me through to an agent in under 30 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Worth every penny because I finally got someone who could explain my WEP calculation and send me the detailed breakdown I needed for my appeal. I think your situation is more complicated with the Railroad benefits involved, but at least you could get the SSA side clarified with a real person instead of waiting on hold forever.

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Zara Ahmed

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thank u for sharing this! ive been trying to reach SSA for 3 days straight and keep getting disconnected

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Luca Conti

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I worked for RRB for 12 years. Your father-in-law might be experiencing what we called a "dual WEP adjustment" which shouldn't happen. The tier 1 component of railroad retirement is designed to be equivalent to Social Security, and only ONE agency should apply the WEP reduction. Request form G-90 from the RRB and SSA-7050 from Social Security to get complete earnings records. Then get an appointment (in person if possible) with an RRB field office claims representative - NOT just a service rep. Bring documentation showing both benefit amounts before and after. If the total reduction is more than the maximum WEP reduction allowed (which in 2025 should be capped around $590 for someone with 26 years of substantial earnings), then you have a clear case for appeal.

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Omar Hassan

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This is extremely helpful information! Yes, the total reduction between both benefits is about $1,100, which sounds like it exceeds the maximum WEP reduction you mentioned. I'll request those specific forms tomorrow. Would a Congressional inquiry help speed up the process? We're really worried about his housing situation.

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Diego Ramirez

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Your situation sounds particularly complex given the dual RRB/SSA benefits. I helped my mom with something similar, and what ultimately worked was escalating to a Technical Expert at SSA (not just a regular claims rep). Also look into whether your father-in-law qualifies for any exceptions to WEP. There are several, including: - Federal workers who were first hired after 12/31/1983 - Workers who paid Social Security taxes on 30+ years of substantial earnings - Railroad workers whose only pension is based on railroad employment before 1957 His 49 years of Social Security work is significant - make sure they're counting all qualified years correctly.

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Omar Hassan

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Thank you! We've verified his work history and he definitely doesn't qualify for those specific exceptions. How did you manage to get your case escalated to a Technical Expert? We've tried asking but keep getting told we need to wait for the appeal process.

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Chloe Taylor

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my frind said he got help from legal aid in our county for FREE when he had SS problems. they might be able to help your FIL without charging $$$ for a lawyer. worth checking?

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Omar Hassan

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That's a great suggestion! I hadn't thought about legal aid. I'll look into what's available in his county. Thank you!

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one more thing - check if theres a railroad retirement association or union that might help? my grandpa was in the brotherhood of railway workers and they helped him with benefit questions even after he retired

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Zara Ahmed

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this is smart! my uncle got help from his old union with pension stuff too

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ShadowHunter

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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.

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Omar Hassan

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Thank you so much for this detailed strategy! I wasn't aware of the "on-the-record" decision option or the NOSSCR resource. We'll definitely pursue these approaches. It's a relief to have a clearer path forward now.

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