Social Security’s Age 65 And Older Rules
Social Security has a few special rules for those who are 65 or older when applying for benefits. In general, these rules help older people get disability benefits. Some of the rules make it more likely that a senior will meet the requirements of one of Social Security’s impairment listings. Others help when seniors don’t meet a listing, but are no longer able to find any jobs they can do.
First, know that individuals over 65 can qualify for benefits in two ways.
- Meeting or equaling a listing. Social Security’s “Blue Book” lists impairments that will automatically be considered disabling for those who meet all of the requirements in the listing. You can “equal” a listing if you have an impairment that’s very similar to a listing in the Blue Book.
- Medical-vocational allowances. If you don’t meet or equal a listing, Social Security will look at your limitations, age, education level, and work history in deciding whether you should be able to do your old job or other work. If not, you can be approved through a “medical-vocational allowance.”
Can I Collect Disability If Im Already Getting Social Security
Q. I was denied disability and I took early Social Security because I needed income. I have had medical issues and actually read my denial for disability in the ICU after a ruptured brain aneurysm and subarachnoid hemorrhage stroke. Can you collect disability when you already started collecting Social Security?
A. We sure hope that you are on the mend.
Social Security Disability Insurance provides payments to those who qualify medically, have amassed the necessary work history within a recent time frame and paid Social Security taxes on their earnings.
There is an appeals process that you may wish to look into given that your application for disability was denied, said Claudia Mott, a certified financial planner with Epona Financial Solutions in Basking Ridge.
She said there is a 60-day period after receipt of the notification during which you can file the appeal.
According to the ssa.gov website, four levels of appeal can be requested: reconsideration, a hearing, review by the Appeals Council or a Federal Court Review. You can find the forms to file an appeal at ssa.gov/forms.
Every applicant also has the right to file a new disability application instead of appealing, but this is a lengthier process as it is essentially starting from the beginning, she said.
The individuals benefit will switch from Social Security to SSDI and no retroactive payments will be made, she said.
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Can An Employee Be Terminated While On Medical Leave In Pa
Medical leaves are a common form of leave in the United States. They can be used for a variety of reasons, including medical problems that have not yet been diagnosed, an illness that requires hospitalization, or to take care of a family member who is sick. In Pennsylvania, though, there are some restrictions on when an employee can be terminated for taking FMLA leave.
Under Pennsylvania law, employees must give official notice to their supervisors at least 14 days in advance of taking FMLA leave. This notice must state the employees name and job title, the reason for taking FMLA leave , and the date on which return to work will be allowed.
Additionally, employees must provide their supervisor with a doctors note documenting the employees current condition and why returning to work would be best for their healt.
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Social Security Entitlement Requirements
Many people who are eligible for Supplemental Security Income may also be entitled to receive Social Security benefits. In fact, the application for SSI benefits is also an application for Social Security benefits. We often need to obtain additional information from the person before we can award Social Security benefits.
The following sections provide information on who may be entitled to Social Security benefits.
TO BE ELIGIBLE FOR SOCIAL SECURITY BENEFITS AS A WORKER YOU MUST BE:
Age 62 or older, or disabled or blind and
“Insured” by having enough work credits.
For applications filed December 1, 1996, or later, you must either be a U.S. citizen or lawfully present alien in order to receive monthly Social Security benefits.
HOW MUCH WORK DO YOU NEED TO BE”INSURED”?
We measure work in “work credits”. You can earn up to four work credits per year based on your annual earnings. The amount of earnings required for a work credit increases each year as general wage levels rise.
To be eligible for most types of benefits , you must have earned an average of one work credit for each calendar year between age 21 and the year in which you reach age 62 or become disabled or blind, up to a maximum of 40 credits. A minimum of six work credits is required, regardless of age.
The rules are as follows:
|Born After 1929|
WHO CAN RECEIVE BENEFITS ON YOUR EARNINGS RECORD?
If you are receiving retirement or disability benefits, your spouse may qualify if he or she is:
Example Of Concurrent Benefits With Employment Supports
Many individuals are eligible for benefits under both the Social Security Disability Insurance and Supplemental Security Income programs at the same time. We use the term concurrent when individuals are eligible for benefits under both programs. Below we describe how a return to work may affect an individuals concurrent benefits.
Armando files applications for SSDI benefits and SSI on February 27, 2017. His medical condition caused him to stop work beginning February 14, 2014. We call this date his alleged onset date of disability.
Armando was approved for disability benefits.
Armando receives an award letter on June 7, 2017, stating he is approved for disability benefits with his alleged onset date of February 14, 2017.
|Armandos SSI benefits begin the month after he filed his application. He is eligible for $735 per month . Armando also becomes eligible for Medicaid.|
Armandos SSDI benefits begin. This is the month after Armando completed his five-month waiting period. The five months began the first full month after Armandos approved onset date of February 14, 2017. The five months were March, April, May, June, and July 2017. Armando is eligible to receive SSDI benefits beginning August 2017. His monthly benefit amount is $300, which reduces his SSI to $455:
$300 SSDI – $20 general income exclusion = $280 countable unearned income
$735 FBR – $280 countable unearned income = $455 SSI payment.
Armando qualifies for Medicare.
Armando wants to work.
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Answer A Few Questions To Check Your Eligibility
It’s not uncommon for veterans to have both Social Security and veterans disability claims going on at the same time. Alternatively, some veterans receive veterans disability benefits before applying for Social Security disability.
An award of VA disability benefits, also known as service-connected disability compensation, is not based on income, so you can receive VA disability compensation and Social Security disability insurance at the same time. There is also the VA pension, which is a needs-based program similar to Supplemental Security Income . VA pension is paid to veterans who have very little or no income and are disabled based on non-service disabilities. It is also possible to receive SSI and VA pensions at the same time.
If you’re eligible, it’s best to qualify for VA disability compensation and Social Security disability insurance, since they generally pay more generous benefits than VA pension and SSI, but you should be aware of the other needs-based programs.
Can You Collect Unemployment While On Social Security Disability
A common question that arises in the context of Social Security is whether an individual can receive disability and unemployment benefits at the same time. Under the current regulations, an individual can receive both of these payments simultaneously. In fact, the Social Security Administration has decided that an individual should not have to decide between applying for Social Security
Disability benefits and applying for unemployment benefits.
If you find yourself unable to work due to a long-term illness or injury, you should speak with an eligible OC Social Security disability benefits lawyer right away. Your lawyer can determine your eligibility for both SSD and unemployment benefits. If you are eligible, your lawyer can file a claim on your behalf and help you recover the full amount of benefits you deserve.
In some instances, insurance companies deny these benefits the first time around. If that happens, your lawyer can help you gather additional supporting documentation and file an appeal on your behalf.
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The Disability Application Process
Whether you apply online, by phone, or in person, the disability benefits application process follows these general steps:
- You gather the information and documents you need to apply. We recommend you print and review the . It will help you gather the information and documents you need to complete the application.
- You complete and submit your application.
- We review your application to make sure you meet our for disability benefits.
- We confirm you worked enough years to qualify.
- We evaluate any current work activities.
- We process your application and forward your case to the Disability Determination Services office in your state.
- This state agency makes the disability determination decision.
To learn more about who decides if you have a disability, read our publication .
Once You’ve Applied
Processing time for disability applications vary depending on the nature of the disability, necessary medical evidence or examinations, and applicable quality reviews.
Once we receive your application, well review it and contact you if we have questions. We might request additional documents from you before we can proceed.
Look For Our Response
When the state agency makes a determination on your case, youll receive a letter in the mail with our decision. It generally takes three to six months for an initial decision. If you included information about other family members when you applied, well let you know if they may be able to receive benefits on your record.
Check The Status
Tips For Getting Retirement Ready
- A financial advisor could help you prepare for retirement. SmartAssets free tool matches you with up to three financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If youre ready to find an advisor who can help you achieve your financial goals, get started now.
- Relying on Social Security alone may not be the best option when it comes to saving for retirement. As you approach early retirement age, its best to save as much as you can along the way. Our retirement calculator can help you determine how much money you need to retire comfortably.
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Does Disability Count As Income For Unemployment
In general, Disability is unearned income and unearned income isnt counted for unemployment purposes. However, in this instance, its not a question of how much Disability youre receiving or whether its countable or not. As discussed, being on Disability disqualifies you from getting unemployment in almost every instance. However, you can be eligible for first one and then the other.
Every situation is unique and the small details make all the difference. If you need to apply for Social Security Disability or have been denied, have your case evaluated by a skilled attorney absolutely free. Just call or contact us online.
Apply For Benefits Online
You should apply for disability benefits as soon as you develop a disability. Follow these easy steps to apply online for disability:
- To start your application, go to our Apply for Benefits page, and read and agree to the Terms of Service. Click Next.
- On that page, review the Getting Ready section to make sure you have the information you need to apply.
- Select Start A New Application.
- We will ask a few questions about who is filling out the application.
- You will then sign in to your personal mySocial Security account, or you will be prompted to create one.
- Complete the application.
You can use the online application to apply for disability benefits if you:
- Are age 18 or older.
- Are not currently receiving benefits on your own Social Security record.
- Are unable to work because of a medical condition that is expected to last at least 12 months or result in death.
- Have not been denied for disability in the last 60 days.
Note: If your application was recently denied, our application is a starting point to request a review of the determination we made.
You may be able to file online for SSI at the same time that you file for SSDI benefits. Once you complete the online process described above, a Social Security representative will contact you if we need additional information.
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How A Disability Benefits Lawyer Can Help
There is a possibility that some of us may not be able to work because of a disability. The next step may be unclear if you find yourself in this situation. People with disabilities can turn to disability lawyers for advocacy and compensation that will enable them to move forward with their lives. Prospective clients can receive free disability claim reviews by booking an appointment.
Applying for Social Security’s cash benefits can be an overwhelming process. If you are interested in seeking SSDI benefits, check out our article on how to find the right disability lawyer for you. To learn more, please visit DisabilityHelp.org today!
Will I Get A Disability Freeze If I Switch To Disability Benefits
During the months you were disabled but collecting retirement benefits, Social Security would apply the disability freeze, which means that your lack of income due to disability would not be counted when calculating your Social Security retirement payment from your earnings record. The freeze can help increase the benefit you’ll eventually receive at full retirement age.
Social Security will apply the freeze beginning at the start of your disability until the month before you reach full retirement age.
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Iv: What Financing Issues Does Ssdi Face
SSDI costs have leveled off, but the program faces a long-run funding gap. SSDI costs have stabilized as the baby boomers move from their peak disability-prone years to their peak retirement years. But SSDIs costs will still exceed its revenues. Over the next 75 years, its shortfall is projected to be about 6 percent of the programs costs or income.
SSDI has financial challenges but doesnt face bankruptcy. The payroll taxes that workers contribute out of every paycheck fund most of SSDIs costs. In addition, SSDI has built up trust fund reserves, which Social Securitys trustees estimate will last until 2065. At that point, tax revenues will be enough to pay for 92 percent of benefits even if policymakers do nothing to strengthen Social Securitys financing .
Though the SSDI trust fund has enough funding for more than three decades, policymakers must address overall Social Security financing before then.Overall, Social Security can pay full benefits for 16 more years, the trustees annual report shows, but then faces a significant, though manageable, funding shortfall. Policymakers should address Social Securitys long-term shortfall primarily by increasing Social Securitys tax revenues. Social Security will necessarily require an increasing share of our nations resources as the population ages, and polls show a widespread willingness to pay more to strengthen the program.
Who’s Eligible For Social Security Disability Insurance
In addition to meeting the disability requirements, you must have worked long enough and recently enough to qualify for Social Security Disability Insurance.
First, you must meet the work test. This test is based on Social Security work credits and requires you to earn at least a minimum amount of income in wages or self-employment income per calendar year. For each $1,510 in wages or self-employment income that you earn per year you earn one credit. You can earn up to four credit per year. When you’ve earned $6,040 in 2022, you’ve earned your four credits for 2022.
Typically, you need at least 40 credits with 20 of these earned in the last 10 year period ending with the year of your disability. However, meeting the work test requirement can also depend on your age. It requires different amounts of Social Security credits since younger workers typically have not had enough time in the workforce to earn the full 40 credits. For those:
- Under age 24: You meet the work test if you earned 6 credits in the 3-year period when your disability began.
- Age 24 to 31: In general, you may qualify if you have credits equivalent to working half the time between age 21 and becoming disabled.
- Age 31 or older: You’ll need to have earned at least 20 credits in the 10-year period immediately before becoming disabled.
Second, review the Social Security Administration’s table to determine if you meet the duration of work test based on your age and when your disability began.
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Social Security Benefits Are Not Automatic
If you qualify for and are receiving long-term disability, you do not automatically qualify for SSDI benefits. The requirements for long-term disability benefits are different from those for SSDI.
Your condition must qualify for benefits under Social Securitys definition of disability. The SSA uses their own blue book, a list of impairments that must your condition must meet in order to qualify for benefits.
If your disability is not listed in the blue book, the SSA will examine your individual case and make a determination. If your disability is likely to last 12 months or longer, the SSA will consider these factors:
- Level of education