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Forum: USA
Mar 10th 2015, 5:42 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Are you saying that people that are entitled to Social Security are not being paid until the WEP is figured out, or are you saying that they are receiving an un-WEP'd social security while they wait?
Forum: USA
Dec 31st 2014, 1:43 am
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Yes, the UK basic state pension is the same whether a high or low earner. The POMS ( the Social Security "Programs Operations Manual System" ) guidance on applying the WEP describes the UK state...
Forum: USA
Dec 30th 2014, 6:24 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Fairness for citizens of the United States (and those others subject to its laws) so that they are treated equally before the law is governed generally by federal constitutional principles. Life may...
Forum: USA
Dec 30th 2014, 2:12 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

I stand corrected on the FICA issue and that this distinguishes a private foreign pension. But suppose you have paid FICA type tax in the foreign jurisdiction on the private pension, but are not...
Forum: USA
Dec 30th 2014, 11:44 am
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

I have been digging further following the Spanish case, Rabanal v. Colvin. I discovered another case, this one from the District of Columbia - Greenberg v. Colvin, 2013, which reveals a Class...
Forum: USA
Dec 30th 2014, 2:02 am
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Yes, your US social security can be reduced if you are entitled to the UK state pension. It depends on your circumstances. If you read this thread you will understand how it works. There is a...
Forum: USA
Dec 29th 2014, 4:48 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

I think that it is worth a shot, as Nun explains, and it does not hurt to try.
Forum: USA
Dec 28th 2014, 4:28 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Hutchiebug- have a look at the Social Security Programs Operations Manual, for instance GN 00307.290 which guides the SSA on how it should apply the WEP and that voluntary contributions are excluded...
Forum: USA
Dec 27th 2014, 11:48 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

I agree that the Rabanal opinion does have a discussion about how earnings and work are not necessarily the same thing. However the judge seemed to base his decision on the residency or citizenship...
Forum: USA
Dec 27th 2014, 12:37 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Today I examined whether Rabanal v. Colvin had developed. First, it has not been appealed to a higher court, which would be the U.S. Court of Appeals for the Tenth Circuit. Therefore it remains...
Forum: USA
Jul 5th 2014, 9:55 pm
Replies: 1,632
Views: 357,646
Posted By Lin_NJ

Re: UK state pension and USA social security

Hi, I have just joined the board. I will likely be taking a WEP hit, so this has been an invaluable discussion. Interestingly, there was a federal district court case very recently, Rabanal v....
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