Does the Windfall Elimination Provision affect disability benefits?

Does the Windfall Elimination Provision affect disability benefits?

Posted by Derek Cervoni on Jul 19, 2017 3:37:35 PM


“How does the Windfall Elimination Provision affect my disability benefits?”

Disclaimer: This story is based on a real case. The names and identifying details have been changed to protect the privacy of individuals involved. Information presented here is general in nature and should not be construed as formal legal advice or as the formation of a lawyer/client relationship. Cases differ and past performance does not guarantee future results.

Five years ago, we helped Lauren obtain Social Security Disability Insurance benefits after her severely arthritic knees prevented her from working as a curator at the local museum. As Lauren approached age 62, she considered applying for the retirement benefits that she had earned after 25 years on the job. However, Lauren became concerned after reading an article in her AARP magazine which stated that the Social Security Administration could reduce or even eliminate her disability benefit once she started to receive retirement benefits. Lauren called us at Cervoni Disability Law PLLC to find out how and if her disability payments would be affected.

We told Lauren that the Windfall Elimination Provision of the Social Security Act could affect her disability benefits if she worked for an employer who did not withhold Social Security taxes from her salary. Her disability benefits could also be reduced if she had worked for employers from countries other than the United States or some government agencies before 1985.

According to the Social Security Administration, the Windfall Elimination Provision affects workers who “earn a retirement or disability pension from an employer who didn’t withhold Social Security taxes and who qualify for Social Security retirement or disability benefits from work in other jobs for which they did not pay taxes.” This provision can affect workers who reached 62 after 1985 or became disabled after 1985 or first became eligible for a monthly pension based on work where you didn’t pay Social Security taxes after 1985.

Since Lauren always worked for employers who withheld Social Security taxes on her behalf, she was relieved to know that she could receive both her retirement and disability benefits when she turned 62. As calculations for each worker are different based on varying circumstances, please call us for an individual consultation.

"We can help you get through the application process when you seek eligibility for Social Security Disability Insurance benefits."

- Derek S. Cervoni

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If you have a friend, relative or client who has a question about Social Security Disability/SSI benefits, call Cervoni Disability Law PLLC for a free consultation. We work exclusively on Social Security Disability Claims. Call 703-241-2625 or email us at Visit our website at or follow us on Facebook, Twitter, Google Plus and LinkedIn.

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Topics: SSDI Case Scenario, Social Security Disability Case, Disability Benefits, Disability Determination, Disability Determination Services, Windfall Elimination Provision