Legal Question in Administrative Law in California
Soical Security Disability has a Winfall Elmination Provision, that effects your SSD benefits if you were employed by a government agency and you are receiving a pension. I worked 27 years and only seven of those 27 years did I work for a government agency. Do they figure their reduction from the whole 27 years or just the 7 that were employed by the government? The Winfall Provision has an exculsion and it read if you were employed by the government after Dec. 1986 it would not include you? Worked for government agency after Dec. 1986 Is this information correct? And if so, how do I get all the back monies that is rightfull owed to me? Cause we all know you can't sue the government!!!!!!
2 Answers from Attorneys
Who says you can't sue the government? People sue the government and win all the time. And sometimes they get big checks for back benefits owed them. There are lawyers who specialize in social security disability benefits. Find one.
You can indeed sue the government. Often, you have to exhaust what are called "administrative remedies," meaning following complaint procedures adopted by the government department for your type or class of dispute. The Social Security Administration has local offices all over the place. Make an appointment, go in with your records, and have a full discussion with a local representative. If you don't get satisfactory explanations, ask what the next step is, before you leave the interview.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
