Ask Larry

Can I Delay The Automatic Conversion From Disability To Retirement Benefits That Occurs At Full Retirement Age?

In May (deadline to avoid losing any disability benefits) I began the process of applying for SS disability (not SSI) effective on a disability date of 12/2020.

When I reach full retirement age (which will be before my disability claim is approved) in about Aug 2022 I don't want automatic conversion if my SS disability is approved but want to wait until 70 to collect regular retirement benefits.

I am divorced but may remarry to another later after I reach 70- currently age 66.

I see your answer below but cannot find any support for this and SSA will not answer question or confirm over the phone. The SSA online disability entry doesn't allow me to enter 70 (or that corresponding date) under "when to start retirements benefits".

I just wanted to confirm that this still works (ie: can I delay the automatic conversion to retirement benefits until 70).
Thank you.

For reference:
Jul 22, 2015
Answer: If you take disability, your disability benefit will convert into a full retirement benefit at full retirement age. At that point you are, indeed, able to suspend your benefit and start it up again at 70 inclusive of delayed retirement credits.
Social Security Q&A: After Taking Disability, Can I Suspend at 66?
Laurence KotlikoffContributor
https://www.forbes.com/sites/kotlikoff/2015/07/22/social-security-qa-aft...

Hi. You can't delay the automatic conversion from Social Security disability (SSDI) benefits to regular Social Security retirement benefits that occurs at full retirement age (FRA), but what you can do is request voluntary suspension of your retirement benefits. In support of this fact, refer to example 3 in section A.1 of the following reference from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110.

If you voluntary suspend your retirement benefits starting at FRA and continuing until you reach age 70, your benefit rate would then be the same as if you had applied for retirement benefits at age 70. Note, however, that you can't request voluntary suspension retroactively. In order to suspend your benefits effective with the month you reach FRA you need to request voluntary suspension no later than the last day of the month prior to the month you reach FRA.

What's problematic in your case is that you may reach FRA before knowing if your SSDI claim will be approved. If your SSDI claim is eventually approved and if that occurs on or after the first day of the month in which you reach FRA, it would be too late to then ask for your retirement benefits to be voluntarily suspended effective with the month you reach FRA.

Ideally, I would have suggested adding a statement in the remarks section of your claim for SSDI benefits to the effect that if your claim is approved, you want your retirement benefits suspended effective with the month you reach FRA. However, if you've already submitted your claim then I would suggest submitting a separate written and signed statement saying that in case your claim is approved you request voluntary suspension of your retirement benefits effective with the month you reach FRA. You could use a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf) to submit your request to Social Security. If at all possible, try to get some type of written confirmation from Social Security that they received your request so that you'll have documentation in case they fail to properly act on your request.

Best, Jerry

Posted: 
Jul 12 2022 - 3:11pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.