Social Security Disability Information

The earliest eligible age for filing for social security is 62, with approximately a 20% reduction in benefits. At 65 you are eligible to file for full benefits if you were born before 1938. Those born thereafter are subject to an incremental rise in the age until eventually filers will have to be 70 to receive “full” benefits. (Does not apply to widows or widowers who may be eligible to survivor benefits, and to underage survivor dependents.) In order to collect, you must file at your local social security office.
Before retirement, every several years, request a Personal Benefits and Earnings Statement from the Social Security Administration. You can even request several statements with different scenarios for retirement as long as they are each submitted on a separate form. It can be done by calling 1.800.772.1213. If you dispute their record of earnings it can be dealt with well ahead of filing for benefits.

If you file for early social security between age 62 and 65, your earnings test exemption is $11,520 per year (2003 figure). That means you may be able to earn up to that amount in a calendar year without forfeiting any of your social security check amount. Special rules apply in the initial year you retire that may affect that number. If you continue to work after you file for social security, social security will continue to be deducted from your wages, or owing form 1099 income earned as an independent consultant. These additional social security payments made into the system may make eligible for higher payments from social security in subsequent years.

The Social Security Administration also handles Social Security Disability Insurance Benefits, Disabled Widows’/Widowers’ Benefits, Divorced Disabled Spouse Benefits and Supplemental Security Income as well as several other benefits. Medicare eligibility is automatic if you file for social security benefits at 65. Medicaid is usually handled through state welfare offices. Social Security on Line (in English and Spanish).

Social Security and Disability
Social Security Disability benefits may be available to workers of any age who meet specific criteria, and who are disabled by reason of a medical problem which prevents return to past relevant work and who are only capable of some limited other kinds of work. Supplemental Security Income, SSI, may be a available to persons who have never worked or who have not worked in recent years. There are resource limitations connected with the receipt of SSI and these should be investigated.

A disabled worker considering filing for early retirement with reduced Social Security retirement benefits at age 62, may want to seek counseling. If they can qualify for Social Security Disability benefits, rather than filing early for retirement benefits, they could qualify for Medicare coverage in two years, at the age of 64. An early retiree on Social Security is not eligible for Medicare until age 65.

Lawyers specializing in Social Security issues should be consulted for further clarification and help. These lawyers frequently do not charge for telephone questions. They are prohibited by the Social Security Act from charging for services until they are successful in obtaining disability benefits for the person seeking benefits. Fees are taken from the retroactive benefit in most cases and must be approved by the Social Security Administration. Retired persons with no other source of income except a limited Social Security benefit may also qualify for additional benefits such as relief from payment of the Medicare premium.

DO NOT PAY TO RECEIVE INFORMATION ABOUT SOCIAL SECUTIY DISABILITY BENEFITS OR SUPPLEMENTAL SOCIAL SECURITY IMCOME.

Information and pamphlets are available at local Social Security district offices, but access to personnel for information may be difficult. Non-lawyers sometimes charge to provide information which you can receive frees from a lawyer who specializes in Social Security law.

Contact the National Organization of Social Security Claimants’ Representatives (NOSSCR) for information about qualified persons in you area.

6 Prospect Street
Midland Par, NJ 07432
800.772.1213


Information provided herein is not meant to be comprehensive for all situations. It includes guidelines for seniors so they might determine if they should pursue a question further. There is no substitute for contacting Social Security directly.