Social Security Disability laws are complex and difficult to navigate if you aren’t familiar with the material. Most people applying for SSDI have never done so before, making the process even more stressful and increasing the likelihood of making an error. A Social Security Disability lawyer is prepared to guide you through the application from start to finish so you can achieve a successful outcome. If you’ve already applied and been denied benefits, we are prepared to help you reapply. Whatever your concern or circumstances, we answer some of the most frequently asked questions here.
If I apply for early retirement but am later diagnosed with a disabling medical condition, can I apply for SSDI?
Early retirement is a gift to those who can achieve it. But that leaves the person with decades of time for serious health complications to arise. A patient could develop MS or ALS, for example, but are then told they would have to pay back early retirement benefits before filing an SSDI application.
Here’s the reality: You can apply for SSDI after electing a reduced retirement benefit (RIB) and the months RIB is received you would get reduced SSDI retroactive benefits. No writing a check to the Social Security Administration needed. Going forward, the full SSDI benefits would be collected, a much higher number because it is based upon the full retirement age benefit amount.
Of course, this can also be complicated if the beneficiary becomes eligible for another benefit, like workers comp. In cases like this, dropping the SSDI benefit and returning to RIB is often a wise choice because SSDI could be reduced by workers comp benefits and RIB is not.
Can I still get SSDI if I have not worked and paid into enough quarters?
People who qualify for SSDI need to work and pay into the FICA tax system for at least 10 years. You may qualify for Supplemental Security Income (SSI) payments which doesn’t require applicants to meet a work credits requirement.
If you have not met the Social Security Disability Insurance requirement, there are two exceptions that may help:
- You are completely disabled before age 22 and have a parent on SSDI, or on Social Security retirement, or who is deceased but was fully insured under the Social Security Act. This may make you eligible for Disabled Adult Childs (DAC benefits).
- You are a widow or widower of a deceased spouse who was fully insured at their time of death, and you becomes completely disabled within seven years of the spouse’s death.
Is it difficult to prove remote onset dates of total disability?
Medical treatment and medical records are the end and the beginning for any SSDI claim analysis. Gathering as many old medical records as possible is helpful too, including school records, police reports, and ER visits. Supportive medical documentation is non-negotiable for anyone who wants to achieve a successful SSDI claim.
Get Help from an Experienced SSDI Lawyer Near Me
SSDI applications are confusing and difficult. Contact Thurswell Law to schedule a consultation and learn how we can get you the disability compensation you deserve. Call us at (248) 354-2222 today. We do not charge any fees until we win.