In most cases, you cannot collect Social Security retirement and Social Security Disability Insurance (SSDI) simultaneously. You may, however, qualify for Supplemental Security Income (SSI) if you meet the strict financial criteria while drawing either Social Security retirement or SSDI benefits. A Philadelphia Social Security disability lawyer can help.
The Social Security Administration (SSA) created the SSDI program to bridge the gap between when someone must leave the workforce due to a disability and when they can draw retirement benefits. For this reason, there is only one way to collect both retirement and SSDI simultaneously.
How do SSDI and Social Security Retirement Work Together?
SSDI pays out your full retirement benefits until you qualify to draw them under the traditional Social Security retirement scheme. Once you reach full retirement age based on your birth year, the SSA will automatically start your retirement benefits and cease your SSDI payments.
The SSA allows you to file for retirement benefits at age 62. You can also wait and receive your full benefit when you reach retirement age. Depending on your birth year, this may vary from 65 to 67 years old.
40+ years of experience from strong, knowledgeable, compassionate attorneys.
Start A Free EvaluationFiling for Early Retirement Benefits
For most people, it does not make sense to file for early retirement benefits at age 62 if you are already receiving SSDI because of a disability. Your disability payments equal your full retirement amount, and those who opt for early retirement receive reduced benefits.
Imagine that, at age 60, you suffer a back injury leading to a disability. You are approved for SSDI benefits, which a Pittsburgh back injury lawyer can help you fight for, and begin drawing an amount equal to your full retirement amount. When you reach age 62, nothing changes; you continue to draw your full SSDI amount.
Once you reach your full retirement age, the SSA swaps you from SSDI to traditional retirement benefits. However, this occurs automatically, so you will not see a break in your benefits and do not need to do anything to ensure this happens.
We know you’re hurting. We can help. Free case evaluations, home and hospital visits.
Contact Us Now For HelpDo I Qualify for the Exception to This Rule? Can I Draw Both SSDI and Retirement?
There is one exception that allows qualified individuals to draw both retirement and SSDI benefits at the same time, but this is rare and still does not allow them to collect more than their full retirement benefit.
This occurs when someone opts for early retirement between age 62 and their full retirement age but is then approved for SSDI benefits. Some people set themselves up for this by filing for early retirement after an injury or illness caused them to quit work. They can begin receiving early retirement benefits to help them cover bills until their SSDI claim receives approval and the waiting period for those benefits expires.
Once this happens, they can receive additional money from the SSA each month and their early retirement benefits, bringing them to their full retirement benefit amount. They are also most likely qualified for retroactive benefits, bringing them to their full retirement amount for any month they suffered a disability but were not yet approved for SSDI.
You need an attorney with the experience and dedication to give your case the care it deserves.
Start A Free EvaluationDrawbacks to Applying for SSDI and Retirement
This can backfire on some people, however. If you apply for early retirement but do not receive approval for your SSDI claim, you may be stuck drawing a smaller amount of retirement for the rest of your life.
If this happened to you, a lawyer may be able to help you appeal the SSDI denial. However, you have only 60 days to file this appeal after receiving a notice about the SSA’s decision, so contact an attorney as soon as possible after you receive a denial.
We can address all the legal hurdles that may be keeping you from getting a fair settlement.
Speak To An Attorney TodayCan I Qualify for SSI While Collecting Social Security Retirement Benefits?
While you cannot collect Social Security retirement and SSDI at the same time to increase your benefits beyond the full retirement amount, there is a program that may allow you to collect additional income.
SSI, which stands for Supplemental Security Income, is a Social Security program that helps seniors and those with a disability who have an extremely low income or limited assets. To qualify for SSI, you must meet strict income qualifications and have only a minimum amount of resources. Resources, as the SSA defines the term, is anything that can be turned into cash, such as:
- Bank accounts, stocks, or U.S. savings bonds
- Land
- Personal property
- Life insurance policy
Under this program, your retirement or SSDI checks count as unearned income. According to the SSA, the average retirement benefit in 2024 is $1,848 per month. However, many people receive well below this average.
To qualify for SSI, there is a 2024 limit of $943 per month on unearned income. The limit for couples is $1,415 per month. You also need to meet other financial qualifications to receive these benefits.
An attorney with experience and dedication can give your case the care it deserves.
How Can a Social Security Benefits Lawyer Help Me?
A Social Security benefits lawyer can help you:
- Analyze your situation and determine the type of benefits for which you may qualify
- Check your application before you apply
This may increase your chances of receiving approval for SSDI or SSI with your initial application and avoid the appeals process. A lawyer can also help you prepare for a hearing and help you file an appeal if your application is not approved.
The legal team at Berger and Green can answer your questions about Social Security and disability benefits and assess your options for getting the income you need through these programs.
For example, imagine you are 62 years old. You cannot work and are considering applying for early retirement benefits. By discussing your options with a disability lawyer, you can better understand why you might want to apply for SSDI before you apply for early retirement.
In addition to these services, a Social Security benefits lawyer offers invaluable expertise and experience. Navigating the complex Social Security Administration (SSA) system can be daunting, but a lawyer well-versed in Social Security law understands the intricacies and requirements of the application process.
They can help gather and present medical evidence in a manner that supports your claim, ensuring all necessary documentation is complete and accurate.
Furthermore, a lawyer can effectively communicate with the SSA on your behalf, promptly addressing any concerns or requests for additional information. This proactive approach can prevent delays and increase the likelihood of a favorable outcome.
If your initial claim is denied, a lawyer can guide you through the appeals process, which involves multiple levels of review and can be quite complex. They can represent you at hearings, persuasively presenting your case to an Administrative Law Judge, and even take it to federal court if necessary.
Hiring a Social Security benefits lawyer can also provide peace of mind. Knowing that a knowledgeable professional is handling your case allows you to focus on your health and well-being rather than the stressful and often confusing process of applying for benefits.
Contact one of our Social Security Disability lawyers today at the Berger and Green location nearest you to learn more:
- Pittsburgh Social Security Disability Lawyer
- Erie Social Security Disability Lawyer
- Altoona Social Security Disability Lawyer
- Johnstown Social Security Disability Lawyer
- West Mifflin Social Security Disability Lawyer
- Plum Social Security Disability Lawyer
- New Castle Social Security Disability Lawyer
- Baldwin Social Security Disability Lawyer
- Allison Park Social Security Disability Lawyer
- Wilkinsburg Social Security Disability Lawyer
- Upper St. Clair Social Security Disability Lawyer
- Columbus Social Security Disability Lawyer
You Have a Right to Have Someone Represent You
The SSA advises that you have a right to have someone represent you while doing business with the federal agency. This representative can be an attorney or a non-attorney. However, when you hire an attorney, you have someone on your side who is working for you and understands how SSDI and SSI work.
We understand that cost is an essential factor when considering hiring an attorney. We want you to know that we cannot charge you a fee without first getting written approval from the SSA. We will make sure you understand all approved payment arrangements. When it is time to pay us, our fee will be deducted from your back pay.
We can address all the legal hurdles that may be keeping you from getting a fair settlement.
How Can I Reach a Social Security Disability Attorney?
At Berger and Green, we understand how complicated navigating the process to get the money you need can seem. This is especially true when you are already suffering from a great deal of stress because you cannot work and are unsure how to continue to pay your bills or care for your family.
Let us help you determine which benefits you may qualify for and ensure you get the ones you deserve. Call us today to learn more during a free consultation.