Should My Wife File For Retirement Benefits While Her Disability Claim Is Pending?

Feb 9 2017 - 1:15pm

My wife applied for disability almost two years ago. The first request was denied so we appealed and were informed that a federal judge would look at the case, we are waiting to hear from them on this. My questions are: 1 she turns 62 this April ,should we apply for regular s.s and take what we get, if they approve her claim would we get the back pay and then go the higher amount? Or would they say that since she has already applied that she doesn't get the back pay amount? 2 Would she qualify for Medicare right away or would there be a two year wait to get that?

Hi,

Your wife can file for reduced retirement benefits at age 62, but she'll then be stuck with the reduced rate if her disability claim isn't approved. If her disability claim is approved, the reduction in her benefit rate would be removed and she would be paid any back pay to which she's entitled. Your wife may want to use the maximization software available on this website in order to explore her filing options.

Medicare eligibility starts with the earlier of a) age 65, or b) 2 years after the first month of entitlement to disability benefits. So, your wife could become immediately eligible for Medicare if she ends up being approved for disability benefits and her entitlement date goes back at least 2 years.

Best, Jerry