Social security question: Why won't the SS Admin. let me receive my money?

Question

I am a retired state school counselor & teacher. I receive a nice retirement check from my states retirement system (but it is not enought...for me) while I am raising 2 grandchildren now. We gladly took them in about 10 years ago. Before I entered into education I had earned "40" quarters toward my SS contribution like all of us do, except in my state the SS Admin. will not let me receive my SS because I receive income from my teacher retirement. Is this right? Can they do that to me? I am crushed because I have loved my choise of employment all my life in serving my parents and children who were entrusted to me. If they are correct and I "WILL NOT" be paid my due SS can I get my contribution back form the 40 quarters that I did contribute to it? If not, have I been a robbery victim and a slave to the SS system, a slave to "and in" the United States? Would I have "any" chance to win a legal case if I had to persue it...I don't want to do this (time) & the gov. doesn't need the press.

Answer 1

If you (as you seem to have) had employment NOT under SS and with a separate pension then you are subject to the Windfall Elimination Provision which cuts your SS benefits by around 2/3. (I have the same situation.)

You should get at least some pension if you do have 40 quarters of coverage. If you don't have 40 quarters and are a few short, then get your neighbor to hire you and file self employment tax ($520 more or less per year) for the year and you get 4 quarters on the cheap.

Don't waste your time arguing with the law. Whether it's fair or not (and there is a reason for it: SS benefits are skewed in favor of the low paid with no other pension provision) you are stuck with it until and unless Congress changes it. And given the Bush deficit that's wildly improbable now. The Republicans never much liked civil servants, federal or state.

Answer 2

I know that income has always played a part in retirement funds. You are only allowed to make so much a month before it affects your SSI. Including if you are getting it thru a disability. It's been this way for years. But my dad gets a GM retirement and so he only gets a tiny SSI check. He retired early so he doesn't get the full pension. We are all a slave to taxes and SS but it's the way of life.

Answer 3

If you paid into SS, then you are qualified for SS payments at age 62; however, there are limits on what you can get, depending on your other sources of income, and whether you are continuing to work. The SS Admininstration have an excellent set of answers to common questions at:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php

You can also use this site to send a question direct to an SSA consultant; they will reply by email within 5 business days.

Answer 4

Decades ago (Reagan Republican era) the government changed the social security rules as they apply to anyone collected a government pension to screw them out of also getting social security. They claimed that getting two pensions was a greedy windfall so they passed a law called the "Windfall Elimination Provision." What they do is take the amount of your social security and subtract the amount of your teacher's pension from it to figure out how much to pay you. The answer of course is "close to zero."

Teachers unions have been battling to get that law eliminated for decades but with no success. Nowadays when the government is oriented toward tax cuts and paying for the war they can't even consider any law revisions that would make them pay more social security out.

Answer 5

If you are not getting federal social security the only reason would be if you did not pay in. If you did pay in, something has gone wrong. In any case, I was unaware that this rule applied to state employees. I always understood it was for federal employees employed before a certain date. The only people who can tell you for sure is the SSA. If you are in NJ, I recommend a visit to the Neptune office. They really know their onions there.

Answer 6

Call the Social Security office (but early in the morning, about 9:01 AM, because the phone lines usually get backed up) and ask what's up. Don't worry, don't freak out, be very patient. Once you get -into- the system, you're allright. It just takes some effort, waiting in lines, and dealing with bureaucracy.

Answer 7

Get on the phone and talk to superiors with the SSA. Something is definately wrong. I was told by a clerk that I was not due my childs back pay and I knew he was wrong, so I stayed on them and made all kinds of calls until I finally got justice.
Stay on them and don't give up. It's yours. Get what is due to you!
Good luck!

Answer 8

Before you go and do the "Legal Thing" Check out this page:

http://www.mhawestchester.org/benefits/socialsecurity.asp

There may be more going on than you know.

Also, here are some other sources:

Retirement Benefits
http://www.ssa.gov/pubs/10035.html (Publication No. 05-10035)


Good Luck

Answer 9

There is no money. Your money is spent already.