Ask Larry

What Should I Do To Resolve This Issue?

I am on SS disability. At age 66 I qualify for SS, BD 1952. I wish to defer SS till age 70. The representative at SS says I cannot do this since I have already collected on SS disability . Who do I contact at SS to address this issue? Is there an appeals process available?

Thanks, I have appreciated you advice on line.

Hi,

Regardless of what the representative told you, you can suspend your benefits effective with the month that you turn age 66 (i.e. your full retirement age) as long as you make your request no later than the calendar month prior to the month you reach age 66. Although a written request for suspension isn't required, I would suggest that you submit your request in writing using a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf). Don't let the people at SSA dissuade you from submitting your request, because you won't have appeal rights if there is no record of your request.

It may prevent any push back from the people at SSA if you simply show them example 3 in section A.1 of the following reference from their operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409110. You could ask to see a supervisor or management person, but there is no guarantee that they will know more about this issue than anyone else you may be referred to. Like a say, just be sure to insist on submitting your request in order to preserve your appeal rights if need be.

Best, Jerry

Posted: 
Apr 19 2018 - 1:24pm
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