Community Chat

[Mmsfoxxie]

About a year before I retired, I went to the social security to see what I was entitled to.  I was 66 at the time, June of 2014.  I was surprised to find that not only could I start to draw on my husband's as well even though I was still working.  Yippee!  I was going to have a ton of extra money I thought.  They told me to come back when I retired.

In June of 2015, I retired so I went back.  I was told that my benefit would be reduced and I'd get the information in the mail.  Didn't receive anything so I went back.  They told me to wait.

In October or so, I received a letter asking me if I worked for a government facilityand if I did, my funds would be cut because I would be in a windfall? situation, I think it was called.  Well, I worked for the public school system.  I googled and found out that I did work in a government type job.

Went to the SSA again with my retirement papers, etc.  Again, wait for a letter, I was told because my funds MIGHT be reduced.  Never heard anything else from them.

Yesterday, a year after I told them that I retired, I got a letter saying that I had to be overpaid by several thousand dollars and asked how I wanted to pay it back?  In a lump sum check or set up payments?  With a straight face, too.  I was beyond shocked.

To add insult to injury, I paid taxes on this money that I have to pay back.  They have an "Oh Well" attitude.  This is ridiculous and it is their fault.  No apology...nothing.  And the representative that I spoke to yesterday says that next month's check is set up with the same over payment even though they have caught the error.  He's going to try to change it before it gets sent out.

I refuse to give it back to them in a lump sum.  Let them wait.It'll take about 3 years in installments.

They told me that my social security benefit was reduced because I retired from a public school and that the benefit I received from my husband's account was no longer in effect because I get more than $15,000 from my pension.  I can't understand what my pension has to do with getting social security.  He explained it but I still don't get it.  Why should working for a school be any different than working at B&B Lumber Co.

[Montana]

@Mmsfoxxie, have you considered consulting a third party about this situation? I was thinking maybe a lawyer who specializes in this area.

[Carmie]

I would find an attorney who specializes in SS to help you.  I would never just lie down and take their word for it.

[Mz iMac]

Public schools are operated at the state level (government) through departments of education, and locally (city government) by school districts.

[nomless]

@Mmsfoxxie: This page of the Social Security site contains information about the windfall rule.  On that page,  there is a link to a pdf file that explains the rule in details.

[phoenixbrd]

School teachers are subjected to the "windfall" because they did not pay into social security while they were working.

[hoosieroriginal]

My advice to anyone is ALWAYS GET A NAME of the person you talk to, document date, time, location.  I applied at 60 for my dead husband's benefits.  I was told at SS that I could not receive them.  So I waited until I was 62 and went to collect my own benefits and was told I would get widow benefits instead because that would provide me with more money.  I said, "No, I was told I couldn't get widow benefits".  The rep said "who told you that because if you have a name you could get all that money back from the time you were told that".  I told her I didn't get the person's name that told me that.  I could have retired two years earlier, but someone prevented that by giving me the wrong information.

[Mmsfoxxie]

@phoenixbrd, I worked for ten years someplace else where I did pay into social security.  The school system was my last and longest job.  The money that they reduced was from that.

Thanks for the responses.  To those that suggested a lawyer...I might end up paying the lawyer as much or more than my overpayment.  I went through working with a lawyer when I had to fight for my part of my ex's pension that I was due.  The divorce lawyer that did the divorce and pension paperwork did not do it correctly and I didn't find out until I went to draw on it years later and was denied.  I finally got it after years of paperwork going back and forth but I paid several thousand dollars to a lawyer for what was supposed to be simple.  The pension fund name was incorrect on the original court papers.  Nothing involving a pension is simple theses days.

[Mmsfoxxie]

Thanks, @nomless.  I checked out the link.  What I don't understand, though, is why it affects my benefit from the jobs that I did pay into.  It's a penalty for working at a government linked job....and for what.

[Mmsfoxxie]

I believe it was last month that social security finally admitted one of their mistakes.  This homeless woman was paid $100,000 of her money that they claimed they didn't owe her.  Turns out that they did.  They make a lot of mistakes.