Court Ruling Could Affect Some Social Security Disability Benefits Claims

by Staff | April 13th, 2015

There are many factors that can affect the amount you receive in Social Security Disability benefits, but one that is currently receiving national attention is the Windfall Elimination Provision (WEP).

The WEP is a law that was created as a means to reduce the primary insurance amount of an individual’s Disability Insurance Benefits for a claimant who has received a pension based on work that doesn’t qualify as income to be counted toward Social Security. The WEP comes into affect when the individual qualifies for both Social Security Disability benefits and their pension that was earned after 1985 as well.

The rules have changed for certain pensions under a ruling that was made in the case of Greenberg v. Colvin though. A press release from the Social Security Administration states the ruling found the WEP should not be applied to claims where the applicant is also receiving Old Age Benefits from the National Insurance Institute of Israel. The agency also provides information as far as how such cases should now be handled.

At Fleschner, Stark, Tanoos & Newlin, we are aware of how complex the laws that oversee Social Security Disability benefits can be. That’s why our Terre Haute personal injury attorneys encourage anyone who is considering applying for benefits or who has a claim that was denied in the past to discuss their potential legal rights to compensation with a qualified legal representative. Doing so will help ensure you get the maximum benefits you’re entitled to.

 

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