How to Contest a Social Security Reduction Due to a Government Pension

I have the fire chief asking me how to contest the reduction in his SS due to his Gov’t pension. Is that even possible? He is single and retiring in 2024 will be age 59. He has worked and you already provided how his WEP reduction affects his benefit. 

If your fire chief client is facing a reduction in Social Security benefits due to the Windfall Elimination Provision (WEP) and his government pension, contesting this reduction is possible, though challenging.

1. Filing a Request for Reconsideration:

   • After the Social Security Administration (SSA) determines his benefit amount based on the WEP, he can file a Request for Reconsideration using form SSA-561. This form is used to contest the initial decision made by the SSA regarding his benefit amount.

2. Next Steps if the Request is Denied:

   • It’s important to note that the Request for Reconsideration will likely be denied, as the WEP is a well-established rule. However, if the chief wishes to pursue the matter further, he can file a Request for Hearing Before an Administrative Law Judge using form HA-501. This step involves a more in-depth review of his case by a judge, although success at this stage is rare unless there is a specific error or unique circumstance that was overlooked in the initial determination.

Contesting a reduction due to the WEP is a formal process, and while it’s typically difficult to overturn, these steps allow for an official review and ensure that all avenues are explored.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.