If your Social Security Benefits (old-age, survivor, and/or disability) were reduced, or if an overpayment was assessed and collected from you, at any time since September 3, 2004, based on the application of the Windfall Elimination Provision (WEP) to a pension received from the National Institute of Israel (NII), the Greenberg settlement might offer you relief. On April 8, 2015, the United States District Court for the District of Columbia preliminarily approved a nationwide class action settlement agreement in the case of Greenberg v. Colvin. As a result of the Greenberg settlement, the Social Security Administration (SSA) will no longer apply the WEP to the receipt of NII pension. This settlement does not apply to persons whose benefits were reduced, or from whom overpayments were collected, as a result of the application of WEP to any other pension.

Effective April 8, 2015 and going forward, Social Security will no longer apply the Windfall Elimination Provision (WEP) to pensions received from the National Institute of Israel (NII).

For Class Members whose benefits were reduced or from whom an overpayment was collected, at any time since September 3, 2004, as a result of the application of the Windfall Elimination Provision (WEP) to the Class Member’s receipt of a pension from the National Institute of Israel (NII), SSA will calculate and issue a payment to each eligible Class Member: (a) the full amount of all reductions, if any, that SSA made to the Class Member’s benefit payment(s) since September 3, 2004, and (b) refund the full amount of any collections, if any, that SSA has made for any overpayment(s) since September 3, 2004, against the Class Member, and (c) less the percentage, if any, of those amounts that the Court awards to Class Counsel as attorneys’ fees.

This website hosts important documents related to the court case for Class Members and the public and will be updated on a rolling basis as appropriate.  Please click on the links below to obtain information about the case.   

Please note in particular that important dates and events, as well as a detailed summary of what you will need to do in order to determine your eligibility for a refund and how potentially to obtain one, are found  in the Detailed Notice of Proposed Class Action Settlement. 

• An announcement of the rescission of the Policy;
• the Detailed Notice of Proposed Class Action Settlement;
• a copy of the Complaint;
• a copy of the Court’s August 8, 2014 Opinion and Order;
• a copy of preliminarily approved Settlement Agreement; and a copy of the final Settlement Agreement;
• a copy of the Mailed Notice of Proposed Class Action Settlement;
• a copy of the Settlement Claim Review request form;
• a copy of the “opt-out” form;
• a copy of Class Counsel’s application for an award of attorney fees; and
• a copy of SSA's response to Class Counsel’s fee application ; and
• a copy of Class Counsel’s Reply to SSA’s Response to Class Counsel’s fee application and Exhibit 1;
• a copy of the Court’s Order granting final approval of the Settlement Agreement and granting in part the fee application and a copy of the Court’s Memorandum and Opinion in support of its Order.

The Court held a Fairness Hearing on June 30, 2015. At the hearing, the Court determined that the Settlement Agreement was fair, reasonable, and adequate, and granted final approval of the Settlement Agreement. The Court also entered an Order entitling Class Counsel to an award of attorneys’ fees in the amount of 20% of each payment of past-due benefits made by the Social Security Administration as a result of this class action case.

Please continue to return to this site for updated information about the case.