Hello,Larry recently i went out of work on temporary disability i have severe rheumatoid arthritis in my hands and feet i am 64 years old.
My doctor took me out of work on permanate disability i was instructed to apply for social security disability with an attorney. should i do this? i have started with a social disability attorney will this be long term and what happens if my claim gets denied, will i still be able to get my regular social security benefits. Also if i were to pass away while getting social security disability benefits or even regular social benefits will my husband be able to get either of these benefits. Please help me i am very confused. Thank you Barbara

Hi Barbara,

You wouldn't necessarily need an attorney, but yes it sounds like you should probably file for Social Security disability benefits (SSDI). If approved, what you'll receive is essentially your full retirement age benefit rate early, which would then convert to regular retirement benefits at the same rate when you reach full retirement age. And yes, your husband could potentially receive widower's benefits in the event of your death if he qualifies, regardless of whether or not you file for SSDI (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html).

The only potential downside to being approved for SSDI that comes to mind is that it would prevent you from being able to file a restricted claim for just spousal benefits only at age 66 while letting your own rate grow until age 70. However, that may not be an available option in your case anyway, and even if it is you may still be better off drawing SSDI instead. You may want to consider using our maximization software in order to explore your filing options and determine your best overall strategy for claiming benefits.

Best, Jerry