This is the exhibit of the Petersen AR one-time informational notice. This notice alerts potential Title II beneficiaries
about their right to request readjudication of the Windfall Elimination Provision
(WEP) determination.
Social Security Administration
Retirement, Survivors, and Disability Insurance
Important Information
Payment Center Name:
Address:
Claim Number:
Payee/Beneficiary Name
Address
IMPORTANT – PLEASE READ CAREFULLY
We may be able to increase your Social Security benefits because of a recent court
decision. On February 3, 2011, the United States Court of Appeals for the Eighth Circuit
decided the case of Petersen v. Astrue.
In Petersen v. Astrue, the court found that the civilian work of a National Guard
dual status technician is service as a member of a uniformed service. This court’s
decision means that the Windfall Elimination Provision (WEP) does not apply if all
of the following are true:
-
•
Your Civil Service Retirement System (CSRS) pension is based wholly on service as
a dual status technician for the National Guard.
-
•
We made our decision to apply the WEP in your claim on or after February 3, 2011.
-
•
You were living permanently in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North
Dakota, or South Dakota at the time of our earlier decision.
A dual status civilian technician in the National Guard is also a military member
of the National Guard. This court’s decision does not apply to beneficiaries whose
CSRS pension is based on work as a “non-dual” status technician.
You Must Ask Us To Review Our Earlier Decision
We will make a new decision about the payment of your Social Security benefits only
if you request a review.
Please contact your local Social Security office and request a review of your record
if you would like us to make a new decision about your benefits.
If you contact us, you need to give us the name of the court decision, which is Petersen v. Astrue. We may also ask you for other information to help us decide whether we can change
our prior decision.
When We Will Make A New Decision About Your Benefits
We will make a new decision about the payment of your Social Security benefits only
if:
-
•
You request a review, and
-
•
We decide that the Petersen v. Astrue ruling could change our prior decision.
Legal Representation
If you have an attorney or someone else helping you with your case, you should contact
him or her. You should also give him or her a copy of this notice.
If You Have Any Questions
We invite you to visit our website at www.socialsecurity.gov on the Internet to find
general information about Social Security. If you have any specific questions, you
may call us toll-free at 1-800-772-1213, or call your local Social Security office
at [Phone]. We can answer most questions over the phone. If you are deaf or hard of
hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit
any Social Security office. The office that serves your area is located at:
[SSA Field Office address]
If you do call or visit an office, please have this letter with you. It will help
us answer your questions. Also, if you plan to visit an office, you may call ahead
to make an appointment. This will help us serve you more quickly when you arrive at
the office
SI USTED HABLA ESPANOL
Si usted habla español y no entiende esta carta, por favor llame o visite su oficina
local de Seguro Social. Un representante de la oficina de Seguro Social le explicará
esta carta. Debe informarle que usted está respondiendo al aviso, Petersen v. Astrue.