Federal Magistrate Reverses, Remands Social Security Windfall Determination

(March 18, 2021, 1:24 PM EDT) -- FORT MYERS, Fla. — An administrative law judge (ALJ) erred in not determining whether a Social Security beneficiary’s German pension was based on a foreign totalization agreement and, subsequently, applying the Windfall Elimination Provision (WEP) to his benefit calculation, a federal magistrate judge in Florida ruled March 15, reversing the Social Security Administration’s decision that the beneficiary must repay $30,967.60 in overpaid benefits....

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