Social Security nightmare with incorrect WEP calculation finally getting fixed after 5 years of appeals
I cannot believe I might finally see the light at the end of this 5-year Social Security tunnel! Yesterday I spoke with someone at SSA about my messed-up benefit calculation (they've been applying WEP incorrectly since 2020). The specialist I talked to was ACTUALLY COMPETENT and immediately spotted all the errors in my file! She was literally messaging with their technical team while I was on the phone and said she was sending an urgent correction request to the processing center. She seemed genuinely shocked at how badly they mangled my case despite all the documentation I've submitted over the years.I've been through reconsideration, formal appeals, and now I'm waiting for an ALJ hearing date (which who knows when that'll happen). The rep told me to call back in 10 days to check on the correction status and to "keep on them" about it. I'm gonna give them 2 weeks before following up.Has anyone else had their WEP calculation fixed without having to go through the full ALJ hearing? This has been such a nightmare - my monthly benefit is over $740 less than it should be! I'm trying not to get my hopes up, but for the first time, someone at SSA actually acknowledged the errors!
20 comments
Nathaniel Mikhaylov
wat is WEP? i think my benefits r messed up to but SS never calls me back
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Eva St. Cyr
WEP stands for Windfall Elimination Provision. It affects people who worked jobs where they didn't pay into Social Security (like some government or foreign jobs) but also worked long enough in jobs that did pay into Social Security. It reduces your SS benefit to account for your non-covered pension. It's complicated and frequently calculated incorrectly because the systems don't always communicate properly.
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Kristian Bishop
WEP calculations are notoriously prone to errors! I went through almost the exact same nightmare but it took 7 years to resolve. The processing center kept applying the full WEP reduction even though I had more than 30 years of substantial earnings which should have exempted me from most of it. The trick that finally worked for me was getting my congressional representative's office involved - they have special liaisons at SSA who can cut through the bureaucracy.Don't wait the full 2 weeks to follow up - in my experience, these urgent requests often get buried unless you keep checking. And definitely document EVERYTHING - who you talked to, what they said, and get any correspondence in writing if possible. The ALJ hearing process can take 9-12 months right now, so if they can fix it administratively, that's much better.
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Melody Miles
7 YEARS?? Oh my god, I don't think I can mentally handle 2 more years of this, let alone 7. I've been documenting everything meticulously, including recording all the calculations showing exactly where their error is. The specialist literally told me \
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Kaitlyn Otto
Congrats on finding a competent SSA employee! They do exist but they're rare these days. When you call back in 2 weeks, you'll probably get someone completely different who has no idea what you're talking about. That's what happened to me EVERY TIME. So frustrating!!!!
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Axel Far
This is why I always ask for the person's name and employee ID when I call SSA. Then I take detailed notes of what they told me with date and time. When I call back and get someone confused, I can say \
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Jasmine Hernandez
I worked for SSA for 31 years before retiring, and WEP calculations are one of the most error-prone areas in the entire system. The problem is that the WEP adjustment requires information from multiple databases that don't automatically communicate, and many claims representatives aren't properly trained on how to manually verify all the necessary information.Your best approach is to follow up in exactly 10 business days as the representative suggested. If the correction hasn't been processed, ask to speak with a Technical Expert who specializes in WEP/GPO issues. Be prepared with a one-page summary of your case including:1. Your exact earnings record showing years of substantial earnings2. Any non-covered pension information3. When the incorrect calculation began4. A timeline of your appeals processThe fact that you've already initiated the ALJ process actually works in your favor, as the processing center prioritizes cases that are heading to hearing.
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Melody Miles
Thank you so much for this insider perspective! I do have all that information ready to go. The technical expert actually confirmed I have 27 years of substantial earnings, which should mean I get a significantly reduced WEP penalty, but they've been applying the full 60% WEP factor instead of the reduced percentage. I'll definitely call back in exactly 10 business days and ask for another technical expert if needed.
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Luis Johnson
Ugh my dad went through this exact nightmare for 3 years! SSA kept applying GPO to his benefits when it should have been WEP (completely different provisions) and his benefit was off by almost $600/month. They would claim to fix it, then the next month it would revert back to the wrong calculation. So frustrating.
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Melody Miles
Exactly! The systems don't talk to each other correctly. Did your dad's situation ever get resolved correctly? I'm worried even if they fix it now, it'll just revert back to the wrong calculation later.
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Luis Johnson
@OP: Yes! It finally got fixed when he found a really good rep who put in what they call a
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Melody Miles
I've never heard of a
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Kristian Bishop
After my 17th frustrating call to SSA where I kept getting disconnected or waiting 2+ hours, I used a service called Claimyr (claimyr.com) that got me through to an agent in under 5 minutes. They have this system that navigates the phone tree and waits on hold for you, then calls you when an agent is on the line. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puUIt saved me so much frustration, especially when I needed to follow up multiple times on my WEP recalculation. Worth every penny not to waste entire days on hold.
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Melody Miles
That sounds amazing - I've literally spent DAYS of my life on hold with SSA. Will definitely check it out for my follow-up call. At this point I'll try anything that might help resolve this faster.
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Nathaniel Mikhaylov
my uncle got hit with wep thing too and they took like 300 from his ss check. he says its theft cuz he paid into ss all those years. still dont get why they can take ur money like that
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Eva St. Cyr
The reasoning behind WEP is that certain pension systems (like some state government jobs) don't require you to pay into Social Security. The formula for calculating SS benefits is weighted to give lower-income workers a higher percentage return. Without WEP, people with non-covered pensions would appear to be lower-income workers (because those earnings don't show up in SSA records) and would get both their full pension AND a higher percentage SS benefit than intended.That said, it's poorly implemented and often incorrectly calculated. If your uncle has 30+ years of substantial earnings under Social Security, he might be exempt from WEP entirely.
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Jasmine Hernandez
One thing to keep in mind: when they fix your WEP calculation, they should pay you all back benefits in a lump sum. Make sure to ask about this specifically. Also, depending on how long this has been going on, you might want to check if any of the underpayment falls outside their administrative time limits for back payments. If so, make sure to specifically request an administrative waiver of those limits due to agency error.
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Melody Miles
That's a great point about the time limits. This has been going on since 2020, so over 5 years now. I'll specifically ask about an administrative waiver if needed. I'm also worried about the tax implications of getting a large lump sum payment. Do you know if there's any way to spread that out for tax purposes?
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Axel Far
When you get your back pay (fingers crossed it happens!), there's a provision in the tax code that might help. If you receive a lump sum payment for benefits that should have been paid in prior years, you can use something called the \
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Melody Miles
Thank you! I'll definitely look into this and talk to my tax person. I hadn't even thought about the tax implications until now - just been focused on getting the calculation fixed.
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