Ask Larry

Is It Correct That I Can File For Reduced Retirement Benefits And Disability Benefits?

hi I am 58 and plan to retire at 62. I have significant hearing impairment and tinnitus. I wear hearing aids in both ears and hearing loss/speech recognition is moderate to severe fairly equally in both ears. I struggle at work and most things must be repeated more than once depending upon the person's speech tone/register. I have a home and cannot afford to have any months or years without income. I have been told by an atty that I should apply for ss disability just prior to retiring at 62 ..and that I could start receiving early retirement SS benefits while waiting for disability case to process. is this true? I was told that if approved, retro benefits would be due me, and if not approved, my benefits would simply remain at the early retirement amount? Is this all accurate?

Hi. It sounds like what you were told is mostly accurate, but maybe not the full story. First of all, you almost certainly wouldn't want to apply for Social Security disability (SSDI) benefits while you're still working and earning more than the amount that Social Security considers to be substantial gainful activity (SGA). The current monthly amount that Social Security considers to be SGA for non-blind individuals is $1310. If you apply for SSDI benefits while you're still earning above SGA level, Social Security will disallow your claim without even considering your medical impairment. Also, it sounds like the attorney with whom you spoke may not have mentioned the 5-month waiting period for SSDI benefits.

You can apply for Social Security retirement benefits up to 4 months in advance of the month that you want to claim your benefits. But, if you're still working at above SGA level when you apply for your retirement benefits then you'd likely need to delay filing for your SSDI benefits until you actually stop work.

Here's an example: Say Bill is working and earning above SGA level in spite of a medical impairment. Bill will reach age 62 in late July 2021 and he plans to retire at that time. Bill decides to apply in advance for his retirement benefits to start effective August 2021, which is the first month that he's eligible. Bill's primary insurance amount (PIA), which is equal to the amount he'd receive if he waited until his full retirement age (FRA) to start drawing his retirement benefits, is $2000. However, Bill's rate is reduced for age to $1425. Bill's first payment for August would then be scheduled for payment in September, which is when Social Security pays benefits for August.

After Bill stops work he applies for SSDI benefits. Bill's SSDI claim is eventually approved with a disability onset date of July 31, which was his last day of work. Bill would not be eligible for SSDI benefits until January 2022, which is the payment that comes in February 2022. August through December 2021 would be Bill's 5-month waiting period for SSDI. Bill would continue to receive $1425 for August through December, and then effective with January his benefit rate would be adjusted based on his SSDI eligibility. Normally, SSDI benefits are equal to the person's full PIA, but since Bill collected reduced retirement benefits during his 5 month waiting period his SSDI rate would be reduced from $2000 to $1944.

Best, Jerry

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Posted: 
Apr 19 2021 - 4:05pm
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