Q: Hello. I am 61; I am disabled due to palmoplantar psoriasis, bipolar, MDD. What if I take early retirement at 62?
I am trying to figure out if disability will be denied by SSDI if I take early retirement at age 62, during my SSDI appeal? I am still in my initial application. I was denied once before because I did not turn in medical records. I have extensive medical records and I am under treatment by four doctors who I see regularly.
Will SSDI default to my age 62 retirement amount? Or can I still appeal? Even though I take age 62 retirement?
A:
You will get a greater amount of benefits than what you receive at age 62 if you later qualify for SSDI benefits.
Your Social Security Statement should state "If you to be found disabled, you would receive $XXXX per month." The SSDI rate is always greater than then age 62 retirement benefit, and should be just about equal to the full retirement age benefit.
Once you reach full retirement age, your SSDI benefit will be converted into a regular retirement benefit.
Basically, you don't have anything to lose and could get both a positive retroactive SSDI adjustment and a higher retirement rate if you successfully obtain SSDI benefits.
A: Taking early retirement benefits at age 62 won't necessarily affect your ability to continue pursuing your SSDI claim. The two benefits are considered separately by the Social Security Administration (SSA). While early retirement benefits will result in a reduced monthly amount, SSDI benefits are calculated based on your lifetime earnings, not the retirement amount. It's important to submit all required medical records and documentation to support your disability claim during the appeal process.
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.