Can You Collect Social Security and Disability?

With retirement approaching,it’s a good idea to familiarize yourself with what can cost you your social security benefits or what you can collect on top of them. Also,if you’re receiving social security disability,will your retirement affect those payments? These are important topics to cover,just as knowing what SSI and SSDI are,when to file for each,or switching from one to the other. 

Collecting Social Security and Disability

Many people confuse their social security retirement with supplemental security income,but they are entirely different programs and that matters a great deal if you’re hoping to collect social security disability. The issue here is eligibility and what those payments look like,while it’s tempting to think that applying for various forms of social security will make for higher payments,it isn’t how it works. Essentially,the social security office will only pay you whatever is higher if you’ve filed for both. In most cases,the SSI disability is higher until you reach the age for full retirement which will then automatically convert to your retirement benefits. 

There is a rare exception to the automatic conversion rule and that is when someone opts for early retirement but is then approved for SSDI benefits. This way you can receive early retirement payments until the disability insurance is approved and the additional money comes in on top of the early-retirement benefits,likely along with the retroactive benefits. 

Can You Switch from SSI to SSDI?

Yes,you’re able to switch from SSI to SSDI. If you file for early retirement and then suffer from a disability,you can apply for SSDI benefits. If approved,they will switch your early retirement benefits to SSI disability benefits. This is also true in reverse. This is one of the instances where you would want to speak with an SSI or SSDI lawyer before making any filings or claims,to ensure you’re not robbing yourself of a higher payment or missing an opportunity to benefit from what is rightfully yours. It isn’t uncommon for people to file for SSDI,only to find their social security retirement was much higher,and are now unable to collect. 

Filing for Disability and Social Security at the Same Time

This is another common “trick” people employ to try and receive both social security disability and social security retirement insurance,but it can have costly ramifications. People who retire early and apply for disability at the same time run the risk of their SSDI being denied,then being forced to collect lower benefits for the rest of their life. While this is an option for people who are quite impaired and it’s all but guaranteed they’ll get their SSDI benefits,you have to ask yourself if it’s worth the risk. 

This is another area where it pays to have a lawyer well versed in social security disability benefits and the social security administration. 

A Guide to Social Security Disability and Social Security Benefits

If you’re considering filing for both social security benefits and SSDI,it’s important you have the right guide to ensure you get what is rightfully yours. Being denied social security disability and getting lower SSI benefits is a scary and stressful time,especially if counting on that extra income makes you think you cannot afford an attorney. 

Getting what you need to live and have what you deserve is too important to leave to chance. Partner with an experienced ally that is by your side from start to finish to better secure your benefits. 

Marken Law Group

What are Social Security Survivor Benefits?

Social security benefits are mostly known for those of partial or full retirement age,though there are several different types of benefits,such as survivor benefits. The official name of the program is Old-Age Survivors and Disability Insurance (OASDI) which helps your spouse or dependents receive a passed-on spouse’s social security benefits on top of their own. 

Below you’ll find information that gives a more in-depth understanding of a widow’s social security benefit derived from their spouse and some advice on how to navigate the complex rules of the program. 

Who Qualifies for Social Security Survivors Benefits?

To qualify for social security survivor benefits,you’ll have to meet the requirements for eligibility,which include:

• You must be a widow or widower of any age who is caring for the deceased’s child or children under the age of 16,or who are disabled.
  • Step-children,grandchildren,step-grandchildren,and adopted children can be included under certain circumstances
• A widow or widower who is 60 years older or more who has not remarried
• Any unmarried children of the deceased who are younger than 18 years old or have a disability that surfaced before 22 years old.
• Parents that are 62 years or older that were dependent on the deceased for at least half of their income and whose social security income would not be larger than of the deceased’s children. 
• A surviving divorced spouse may receive benefits if they meet other eligibility requirements

Another point of qualification is shared with social security retirement requirements,meaning you would have to have worked a certain number of years and gained the proper amount of credits each year for your loved ones to be eligible for the benefits. 

How are Social Security Benefits Calculated for a Widow?

How the benefits are calculated for a widow can quickly become complex as there are several provisions for different circumstances. One such provision is the one-time death benefit payment of $225,which can be issued if the deceased spouse either lived with the widow(er) or was receiving social security benefits on their record. If there is no surviving spouse,the one-time payment can be given to a child who is eligible for the benefits. Another provision is if the death leaves a spouse with dependent children,which allows the benefits to be paid to them if the deceased had earned at least 6 credits within the three calendar years prior to their passing. 

To gain the benefits,a specific amount of credits are needed to be eligible,depending on the age of the spouse who has passed. The younger they are,the fewer credits are needed,but the maximum required is 40. Also,just as with the Social Security Administration’s retirement SSI program,the amount of survivors benefits depends on the average lifetime earnings of the spouse who passed. The more that was earned,the higher the benefit till a maximum amount is reached. 

How Big Can the Benefits Be?

The benefits survivors receive can depend on their age and the type of relationship they had with the deceased:

Widow(er) Benefits

If at the full retirement age,the surviving spouse can receive the total amount of the deceased’s benefits. If they are between the ages of 60 and full retirement age,they can receive between 71% to 99% of the amount. A disabled spouse between 50 and 59 years of age can receive up to 71%,and a spouse caring for a child under the age of 16 at any age can receive up to 75%. A divorced spouse,if they qualify as previously mentioned,can receive the same amounts listed above.

Children and Parent Benefits

Children under the age of 18,or 19 if still in school or disabled,can receive 75% of the deceased parent’s benefit. A parent that is dependent on the deceased is eligible to receive 82% of the benefits,but if both parents are alive and were dependents,then they each can collect 75%.

As you can see,it can become quite complicated to ensure you receive your social security from your loved one. Here at Marken Law Group,we have a comprehensive understanding of social security benefits for surviving spouses. We understand how stressful benefits can be and don’t want to add to your plate during this sad and stressful time. Partner with an experienced ally that is by your side from start to finish with a qualified social security lawyer to help you through this process to secure your benefits.

Secure Your Social Security Benefits Today