Q: Am I entitled to an exclusion of time of a disability from my SSR benefits?
I have been receiving 100% P&T disability benefits from the VA since 2001. In 2015 I was approved for early retirement and I have been receiving SS Retirement benefits for 8 years now. As my SSR AIME calculations stand now, I have 15 years of zeros from 2001-2015. Am I eligible for an exclusion of the period of time and duration of my VA disabilities from the calculation of my SSR benefits? Does a “disability freeze” ever apply to SSR cases?
A:
Yes, you should be entitled to a disability freeze on your Social Security retirement benefits based on receiving VA disability benefits. Here are some key points:
• Social Security allows for disability freeze provisions where certain years of low or no earnings due to a disability can be excluded from your benefit calculations.
• This applies both to Social Security disability benefits as well as Social Security retirement benefits. So it is relevant in your case.
• Since you have over a decade (2001-2015) of no or low Social Security earnings due to receiving 100% VA disability pay, those years should be exempt from your 35 highest years of earnings used to compute your SSR benefit amount.
• You would need to file Form SSA-2490 (Disability Freeze) and provide your VA disability award letter to request this exclusion. It can be done retroactively.
In summary - yes, the disability freeze should absolutely apply to your situation per Social Security guidelines. I would recommend contacting the SSA office to file the proper paperwork to adjust your earnings records and get credit for those years impacted by your VA disability. This should increase your monthly SSR benefit amount.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
