Please Note: We are not able to accept calls with general questions from outside the Tampa Bay area. Any answers below are for informational purposes only; they do not constitute legal advice and do not establish an attorney-client relationship. Some questions from readers have also been answered, but we have closed comments for now as our time to answer questions is limited.
Glad I can help. To answer your question, Medicare Part A (for hospital coverage) is automatic and free. You can opt out of Part B (for doctor visits), but Medicare is usually the best option, because the premiums are usually lower than you can get elsewhere. This page has more information about Medicare costs.
SSDI benefits (unlike SSI) do not have income and asset limits, so other income in general has no effect. However, certain government pensions and other benefits do affect SSDI benefits. See this Social Security webpage for more information.
This would depend on many factors such as whether your mother was receiving Social Security benefits and whether your father lived with your mother. See this Social Security webpage for more information about survivors benefits.
In your case, if you are already on SSDI, you are probably receiving the maximum benefit you could receive. SSI is only a set amount of $733 per month. For both SSDI and SSI (and retirement benefits before full retirement age), there are restrictions on how much you can work. However, you can do a small amount of work and still receive SSDI. This pdf has the details. Hope this is helpful. You can also call Social Security at 1-800-772-1213 for more information.
If, at the time of your review, there is evidence that your condition has improved such that you are no longer disabled, then your disability benefits will stop. At that point, you would have the option of taking early retirement benefits in a lesser amount or waiting until your full retirement age to get your full benefit amount. In that scenario, you would still be eligible for retirement benefits. While eligibility for disability benefits depends on having earned enough credits in the years immediately before you become disabled, eligibility for retirement benefits continues, once you have earned enough credits, even if there is a period of not working. There is more information on credits here.
It depends on the type of other disability benefits you were getting. Check out this Social Security webpage for information about how different types of other payments may affect your disability benefits.
Yes, you can apply for Social Security disability benefits, and if you are found disabled then your benefits would increase as described in the article above. In most cases, it is better to allege an onset date before you applied for early retirement benefits.
2.Also, do you advise that a person start out attempting to file disability on their own using the SocialSecurity.gov website, or is it a better idea to get an attorney for the very first attempt to file?
mr.conley,i was turned down by the first lawyer i called,i tryed to apply my self online,it would not except it,stating the information they had was different that the info in there system,would you drop it our continue to pursue? thanks,i guess he antisipated a low fee.like in paulettes situation,i already get early retirement,had i known i would have done it differeantly.thanks
Yes. If approved, you would fall into the Early retirement exception described above and receive your full benefit rather than the reduced amount. If appropriate, it is better to allege an onset date (the date you say your disability began) that is before the date you started receiving early retirement benefits.
If you are found disabled, at your hearing or otherwise, then your onset date is one of the things that will be decided at that time. Right now, you have an alleged onset date: whatever date you said you became disabled. Social Security will decide your established onset date. If they find you disabled, they may agree with the date you alleged, or they may say that you did not become disabled until later. Obviously an earlier date is better in terms of back pay, and the crucial factor is whether your established onset date is before the date you started receiving early retirement benefits. That is what will make the difference between the two situations describe under the Early retirement exception heading above. From what you describe about your situation, if Social Security finds you disabled, it seems like either the accident or the cancer diagnosis could be the event that they establish as when your disability began, and both of those are before you started taking early retirement benefits. Hope this is helpful.
Happy to help if I can. Assuming you are found disabled and begin receiving SSDI benefits on your own record, then when you reach your full retirement age, your SSDI benefits will convert automatically into retirement benefits in the same amount. Then if you apply for spousal benefits, and your spousal benefits are higher than your benefits on your own record, you will receive the higher amount. They will pay you your own benefits first, and then the difference, to arrive at the higher benefit (not double benefits). There would be no need to withdraw a disability claim to receive either type of retirement benefits; the conversion from disability to your own retirement benefits is automatic, and then you can apply for spousal benefits. This Social Security webpage has more information.
You can file for early retirement, but not retroactive payments. Retroactive payments can only be paid after full retirement age (for instance if someone was planning to wait until age 70 to get a higher benefit but then changed their mind), and even then you can only get six months of retroactive pay. The good news is that for every month you wait after you turn 62, your benefit amount gets higher. See this Social Security webpage for more information.
If she is receiving Social Security disability insurance (SSDI) benefits, then she would not be put on early retirement benefits. What would happen is that when she reaches her full retirement age, her disability benefits will convert automatically into retirement benefits in the same amount. If she declined Medicare because of your work insurance, there should be no problem with applying for Medicare when it is needed. You can call 1-800-MEDICARE (1-800-633-4227) for more information.
Thank you for the information. My wife is not 65 yrs old yet. She is 62 yrs old. She gets 200 per month from my retirement and never worked. Will I be the only one who qualify for SSI, if we both apply? or can we each apply separately?
Since your disability benefits have been converted to retirement benefits, you can work without the question of disability coming up. After you reach your full retirement age, then your benefits are not affected by income from work at all. Until you reach full retirement age, your benefits may be reduced if your income rises above a certain limit. See this Social Security webpage for more information.
I am a retired marine. I will turn 62 years in august 2017. I been 100% disable Permanent and total by the Veterans Administration since 2007. My question is which one is better to do first. Early Retirement at 62, or file for the SSDI first. Thanks
Filing for the SSDI first is better. You can do that right away. Then if you need to take early retirement while you wait for a decision, if you are ultimately successful, then you would get your full benefit amount retroactively and going forward.
Generally speaking, in order to qualify for Social Security disability insurance (SSDI) benefits, you must have paid into the system, and you must have a medical condition that prevents you from working that is expected to last for one year or more. If that is the case, you should apply for benefits. If you are approved for SSDI benefits, then you will receive them until you reach full retirement age, at which point your SSDI benefits will convert automatically into Social Security retirement benefits in the same amount. Most private pensions do not affect either type of Social Security benefits, but some government benefits do. See here for more information.
The information there about an age 62 early retirement benefit interacting with a disability claim that is awaiting a decision, identifies a 5 month disability waiting period that has bearing on the benefit award amount. The information there provided says the onset of disability must be more than 5 months before the 62nd birthday in order for an approved disability claim to provide a combined award amount that is equal to the full retirement benefit and continues at the same full retirement benefit amount when full retirement age is later reached.
If that information is correct, then the full retirement amount would not be received beyond age 66 by a disabled person forced for medical reasons into an early retirement, unless the onset of their disability occurred more than 5 months before the disabled person reached age 62.
That information conflicts with what seems to be the information provided here. Here you are saying that so long as the onset of the disability occurred before age 62 and before any age 62 early retirement benefit was received, that an approved disability benefit will be an award made to supplement any age 62 benefit and will combine to an amount sum equal to a full retirement amount as would be received for the age 66 retirement amount, and will continue after age 66 at the same amount, without any reduction.
It is confusing exactly what is the true story with the conflicting information. Can you please clarify / confirm what is the SSA rule that applies to a scenario where a person is disabled with the onset of disability before age 62, but very near to that age 62 and less than the 5 months before age 62 that are described on the other page? My thought was that may be information that is dated to an earlier year and has been amended since your page dating is current and would show current good information. Thanks for any clarification about that 5 month window having any bearing or none. 2b1af7f3a8