Social Security Retirement Benefits, Social Security Disability, Determining Eligibility for Both

Law Firm Newswire



Tampa, FL (Law Firm Newswire) July 2, 2018 – Social Security retirement benefits and Social Security Disability are regulated by different rules.

Consider the case of a man who had a major heart attack, followed by a seizure in the workplace. According to his physicians, he can no longer continue to perform the duties required of him in his profession. Subsequently, the man submitted an application for Social Security Disability in July, and while awaiting a decision, he reached age 62.

Upon a denial of his claim, he went to the Social Security office, where the office informed him that his records were sent from the doctor’s office too soon. They recommended that he file an appeal. In addition, the office told him that because he was now 62, he should submit an application for his Social Security benefits. Whether he will still be eligible for Social Security Disability if he is receiving regular Social Security is to be determined.

Tampa, Florida social security disability lawyer David W. Magann says, “When trying to determine eligibility for Social Security Disability and Social Security, it is recommended that you consult a social security disability lawyer who can explain the rules and regulations associated with each type of benefit.”

The man’s Social Security is his retirement benefit. If he applies for that benefit, he will receive less than the amount to which he would be entitled if he were to postpone his application until he attained full retirement age. However, if he subsequently becomes eligible for Social Security Disability, he will receive a disability benefit that is the same as the amount of his primary insurance, irrespective of his age.

At age 62, the man will receive a retirement benefit that is the equivalent of 73.3 percent of the amount of his primary insurance. He will be able to collect that diminished retirement benefit while his disability appeal is pending. If he wins his appeal, he will no longer receive his lowered retirement benefit. In lieu of that, he will begin to receive his disability benefit in an amount equal to his primary insurance benefit. He cannot collect both concurrently. Furthermore, he will receive a retroactive payment for the difference between his disability benefit and the diminished retirement benefit he began to collect at age 62.

Learn more at David W. Magann, P.A. Main Office: 156 West Robertson Street Brandon, FL 33511 Call: (813) 657-9175 Tampa Office: 18715 N Dale Mabry Hwy Lutz, FL 33548
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