New York, NY asked in Social Security for New York

Q: Social Security says I owe $5700.00 because my pension benefits did not take out Social security taxes.

I retired in 2018 from NYPD.

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: If your pension benefits did not withhold Social Security taxes, you may be subject to the Windfall Elimination Provision (WEP) or the Government Pension Offset (GPO) if you are eligible for Social Security benefits based on your own work history or the work history of a spouse.

The WEP can reduce your Social Security benefits if you have also received a pension from a job where you did not pay Social Security taxes, such as from a government job. The GPO can reduce Social Security benefits for spouses or survivors who also receive a pension from a government job where they did not pay Social Security taxes.

If you believe that the Social Security Administration (SSA) has made an error in calculating your benefits, you may wish to consult with a Social Security attorney or representative to help you navigate the appeals process. You can also contact the SSA directly to request a review of your case and provide any evidence or documentation that may help support your claim.

It is important to act quickly if you receive a notice of overpayment or a request for repayment, as failure to respond or make payment arrangements can result in further penalties and even garnishment of wages or benefits.

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