It appears you have not yet Signed Up with our community. To Sign Up for free, please click here....



Disabilities Message Board

  • Filed for SSDI, can I, should I file for age 62 pay?

  • Post New Thread   Closed Thread
    Thread Tools Search this Thread
    Old 08-19-2006, 04:03 PM   #1
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Filed for SSDI, can I, should I file for age 62 pay?

    That is worded poorly, but what I am trying to say is...I filed for SSDI at the age of 60yr and 9 months. If I do not have an answer by the time I am 62, can I ..........SHOULD I go ahead and file for the amount we can get at age 62?
    I would have to live past 79 for me to break even with the 62 vs 66 year old thing. My wife cannot collect my SS. She is a calif. school teacher.

    Back to the original question: I am officially "permanently disabled"...lower back. Morphine pump is best bet right now. I was told about my permanent disability in March or April 2006. I have not worked since 2003 and only part time in 2001-2002-2003. I will never work again.

    Can I legally file at age 62 if I have not been approved for SSDI? I don't want to hurt my claim, but I don't want to lose several months pay either.

    Ideas? Has anyone done this? Thanks.....

     
    Sponsors Lightbulb
       
    Old 08-20-2006, 02:45 PM   #2
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Filed for SSDI, can I, should I file for age 62 pay?

    I must have worded this poorly....no answers after 24 hours. I'll try again.

    If we file for SSDI and don't get an answer before we are age 62, and therefore elegible for the reduced amount of Social Security benefits....can we still legally file for the lesser amount?

    Now, let's say I am 63 years old now (I am actually 61 yr, 2 weeks old today)
    but suppose I filed and was given the lesser amount at age 62. Call it $1000 a month. My amount if I wait until I am 66 years old is around $1,600 a month.

    IF they approved my SSDI at age 63, I would think they would have to pay me all the back SSDI to the date I filed. And deduct the amount paid me since age 62. I know I can ask SS about this, but I prefer to leave them alone ....lest I muddy the waters and cause confusion.

    I hope this makes sense and I hope someone has done it or seen it.

    My FEAR is that if I file for the lower amount, they will see that and throw out my SSDI request.

     
    Old 08-20-2006, 02:57 PM   #3
    Mz Migraine
    Inactive
    (female)
     
    Join Date: Jul 2003
    Location: Cherry Hill, NJ, USofA
    Posts: 1,062
    Mz Migraine HB UserMz Migraine HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    You cannot collect Social Security Disability & Social Security Benifits (at least in the state I reside in). I believe that is what you are asking.
    Not sure if all states have the same laws. You may need to discuss w/an attorney that deals ONLY with Social Security Disability cases.

    I will need to make a decision in 7 years.

    I just got on SSD last year. My first review is suppose to be in 7 years when I will be 63 years old!

    According to the SSD manual I will need to make a decision of which one I want. Of course I am going to take the one w/the most $$$$$ if I am still breathing!

     
    Old 08-20-2006, 03:13 PM   #4
    Kissa
    Senior Veteran
    (female)
     
    Kissa's Avatar
     
    Join Date: Mar 2004
    Location: O Hi O
    Posts: 2,015
    Kissa HB UserKissa HB UserKissa HB UserKissa HB UserKissa HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    It has been my underestanding that regardless of state you can not collect both, it's one or the other. Generally SS will pay you the higher of the two amounts. If an individual is on SSDI at the age of retirement the SSDI is just simply renamed "social security" but their amount will remain the same if it is the higher of the two amounts (and the vast majority of the time it is)

    The best thing to do would to be to talk to a lawyer or SS themselves instead of trying to guess if you qualify and if so would you need to repay any amount because your situation is often not the norm.

     
    Old 08-20-2006, 04:45 PM   #5
    snowmelts
    Senior Veteran
    (female)
     
    snowmelts's Avatar
     
    Join Date: Nov 2003
    Location: Indiana, USA
    Posts: 691
    snowmelts HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    I don't know about the timeing of filing situations.
    There is no reason not to call and ask them.

    However I do know that if BEFORE age 62 you are already collecting SSDI (disability), then at age 62 it automatically reverts to being simply regular retirement SS (old age retirement benifits).
    It's automatic that at 62 your classification changes.

    Happened to my elderly mother and to a neighbor.. automatically..they did not have to do anything. SS simply notified them that thier classification changed.
    There was no changes or disruption in the amount or delivery of thier checks. Everything was the same, except the official classification changed.

    Last edited by snowmelts; 08-20-2006 at 04:47 PM.

     
    Old 08-20-2006, 07:01 PM   #6
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    I never intended to draw SS AND SSDI. I doubt if that is legal anywhere. Let me try this from another angle....

    Mz Migraine, of course you are right, no "double-payments" allowed. That was not what I am clumsily trying to say.

    Kissa, I am new to disability, but I thought disability awards were tax free.
    Silly me, I should have known better.

    If I finally win the SSDI case, they will owe me SSDI money from the date of the award back to May 8, 2006, the original date I applied. That is my back payment. After I am awarded my SSDI, I will continue to draw it...until I die I guess.

    Before I was disabled, I had planned on drawing the reduced amount starting at age 62. If I apply at age 62 and start drawing the smaller monthly amount,
    and then I win the SSDI award at a later date I will get the SSDI back payment minus ANY money paid me during that period by Social Security.

    snowmelts, I have NO idea about things changing automatically at age 62 or age 65.

    You have been very nice to me as I struggled to ask this question. It makes me realize I should go back to reading here in the forums. The morphine and demerol have my brain working at about half speed. Again, thank you very much for your help.....Dave

     
    Old 08-21-2006, 05:24 AM   #7
    kaybee
    Inactive
    (female)
     
    Join Date: Oct 2004
    Posts: 361
    kaybee HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    dllfo, the date you applied for SSDI may not be the date they determined that you were disabled. For instance, my husband applied the last time in October 04, indicating that he had become disabled in April, 02. The ALJ determined a disability date of May 04 when dh received a decision in July 05.

    If you became disabled prior to the date you applied and SSDI acknowledges that to be the date of disability, you could actually have benefits beginning sooner than May 06.

    Now, it gets complicated and I hope I can explain myself easily. Say you have a date of disability that goes back a while according to the SSA. Your earnings are then frozen and any months or years that you don't earn an income will not be a factor in determining your benefit amount. So, in my inexperienced eyes, it would be an advantage to apply for disability if you have some months or years with no earnings that would subsequently count against your retirement.

    Huh? I'm sure Purplebill can shed some light on your situation. Not to put him on the spot, you know. Let us know what you find out, dllfo!

     
    Old 08-21-2006, 07:00 AM   #8
    snowmelts
    Senior Veteran
    (female)
     
    snowmelts's Avatar
     
    Join Date: Nov 2003
    Location: Indiana, USA
    Posts: 691
    snowmelts HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    I've been thinking about your question and seems to me that you only have one SS# and they already know how old you are..
    So your application is in the system and I don't see how calling with your question could upset anything.

    Also, having already filed for SSDI can help you date-wise in qualifying for your Medicare.
    Medicare does not kick in untill 2 years after your official award date.

     
    Old 08-21-2006, 10:36 AM   #9
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Kaybee, you and snowmelts made a good point about the "date of diability" or whatever they call it.

    Technically, I was hit from behind on June 3, 2001. Within 6 weeks, or less, I quit my job with the state and spent the summer in rehab. I have not fully recovered from that accident. We were doing between 20-30 mph and the truck that hit us was probably doing 50, and the truck that hit him was doing well over 80mph. We were hit on the driver's side, so I caught the brunt of the hit. My wife went back to teaching in the fall and I worked on my recovery.

    I am not sure how SSDI computes our ....uh...work? By the income we produce? If I made $100,000 a year prior to my injury, then could only work part time afterwards...making $20,000 the next year. I would say I worked 1/5 or 20% of the time. NO??? Based on that, I worked about 10-15% of the time in 2002, then heart problems at the end of 2002. I worked about 20% in 2003 and finally totally quit Jan 1, 2004. I no longer carried business insurance nor information services necessary to do my job. NO income at all in 2004, 2005 or 2006. There won't be any earned income in 2007 thru 2050 as far as I can see. They might take that into account. I was formally declared "permanently disabled" by a doctor in early 2006. I still did not think of filing for SSDI until my wife's friend said her husband was filing. Stupid me, I just didn't think of it. So I filed May 8th.

    If I don't have a decision on SSDI by my 62nd birthday, I plan on filing for the reduced amount. As for Medicare, I never thought about it. Medicare might simplify things medically.

    As for me getting SSDI prior to the date I filed. That would be wonderful, but I have never been lucky like that. It would be wonderful.

    I was talking to a person who is a ratings specialist for the VA and they told me some things I had never thought about. I was going to start a separate thread, but I wondered if there is any interest in why we have so many "first time" rejections.

    Last edited by mergatroy; 08-21-2006 at 11:38 AM.

     
    Old 08-21-2006, 12:17 PM   #10
    kaybee
    Inactive
    (female)
     
    Join Date: Oct 2004
    Posts: 361
    kaybee HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    I think that if your friend gave you some insight on the reason why there are so many rejections, it would make an interesting thread.

    If you remember back to when you filled out the application for SSDI, they asked what date you quit work. If you have enough medical evidence to support the fact that you were unable to return to work way back in January 04, there is no reason why the SSA shouldn't consider that as a date of disability especially since you showed attempts to work prior to that date but failed. You really want them to go back as far as possible to freeze those earnings. If you look at your yearly statements, you'll see how much a few years of no income has affected your monthly benefit amount. Plus, your entitlement date could also be affected - the one that says you are entitled to benefits through (for example) Dec 07. Can't tell you what that date actually means because I forgot. Sorry!

     
    Old 08-21-2006, 04:32 PM   #11
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Kaybee,
    I told them I quit work Jan 1, 2004. I was on a regimen of SSRIs that had reduced me to staring at the ceiling.

    I was on 7 or 8 meds in one year..SSRIs. Buspar, Paxil, Xanax, amitriptyline, Zoloft, Wellbutrin, Lexapro, gabapentin and maybe another one. I took two of them at the same time once or twice....until I reminded the doctor, then he usually took me off one of them. It was a bad year....2003. So rather than get sued for bad work, I felt like I medically had to quit. BUT the doctor did not tell me I was permanently disabled until 2006. I don't understand how the system works, so I may have made a mistake. I have many witness's to the meeting I was alluding to. Several of them came up after the meeting to see what was wrong with me. But as for specific medical reasons...I am not sure what they would want to see.

    I did not mean for it to sound like a pity party. I am very lucky. I have the greatest wife in the world and 5 good kids.

    The reason many of us think there are so many rejections is internal politics.
    I could spend hours discussing it, but there is a HUGE amount of pressure on the SSDI/VA evaluators. The evaluators have backlogs of cases and middle mgt pushing the evaluators to get more files out. More files out. The book answer is that this simply is not done. The reality is that the evaluators have a lot of pressure to move the stack. And a quick way is to stamp it no. The person is not really hurt anyway, they will win after the appeal and they will still get the money all the way back to the day they filed. No harm, no foul.

    The person who told me this was one of the top performers before they left. If you have a huge stack and the file does not look like a slam dunk, they may take a quick look and say no. That gets the file off their desk and puts it in the realm of appeals. The evaluator has "moved" another file and the boss is happy. Now the applicant gets a lawyer who makes money. Lawyer is happy. The applicant will eventually win and get their money. Everyone wins. Sort of. It is easy to discount this paragraph with many opinions, but the fact is, this happens every single day. My VA application was done this way. By knowing some people who know some people I was told the man who did my file was under a lot of pressure, so he moved some files. I have asked for an audit of this persons work files to see if he has a unusual record for saying no. Put it another way, isn't it odd that nearly everyone who files appeals wins.
    I am sure some don't, but from what I have heard, the huge majority wins. If the original evaluator had more time and less pressure, they might have approved you and I the first time thru. Believe it...don't believe it...it is a fact. Proving it in public would cost some jobs for the whistleblowers, but it might stop some of the problems resulting from it.

     
    Old 08-21-2006, 05:58 PM   #12
    Mz Migraine
    Inactive
    (female)
     
    Join Date: Jul 2003
    Location: Cherry Hill, NJ, USofA
    Posts: 1,062
    Mz Migraine HB UserMz Migraine HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Quote:
    isn't it odd that nearly everyone who files appeals wins.
    Good question. Maybe I can answer that for ya by what happened at my hearing dllfo.

    My hearing lasted 2 1/2 hours.

    The judge read my whole file asking ME questions as he was reading through my file.
    You would have thought we were at a bar having a chit chat!

    Then the judge started pumping the "Social Security Work Cordinator/Rehabilatation Specialist" who was also there about how my condition would affect me working a "full time job" during this chit-chat session.
    I was a "professional" & because of my disability AND my age I could NOT be "retrained" for another "professional" position.

    Then my witnesses were called in. Now that was halarious. My witnesses were from my last job. The judge started pumping them about how I was acting on the job when my "migraines" (my disability) kicked in.
    My witnesses gave "visual" demostrations. Even the judge had to LOL & apologized to me for doing so.

    I hired my attorney for the "hearing" portion ONLY. The judge asked my attorney ONE question. Otherwise, he sat there like a rock.

    2 weeks later I got a letter in the mail that I was fully approved for disability. 2 weeks after that I got 3 years back pay directly deposited in my bank from SS.
    One week after that I received a letter from my attorney that I only owed him $200 because I did all the work.
    You better believe I made sure Social Security Disabilty got a copy of that letter. I got the $$$$$$ that they were going to send to the attorney & I mailed him his $200.

    Now that was my "hearing experience" in front of a judge. Maybe that is why a high percentage get approval.

    The judge actually gets to "see" the disabled person & notes how they "react" to certain questions.

     
    Old 08-21-2006, 09:58 PM   #13
    mergatroy
    Inactive
    (male)
     
    Join Date: Jul 2006
    Location: Sacramento, CA
    Posts: 155
    mergatroy HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Mz Migraine, you come across as very intelligent and well organized. I doubt very many people can equal your performance. If I am on morphine when my day comes, I couldn't do it.

    If we had the info in a computer where we could search thru it easily, I would love to see if some of these evaluators didn't have a track record they would not be proud of. By the same token, most of these people try hard and are basically honest, doing the best they can.

    I can give you a specific example of someone stamping no and tossing it on the pile. My VA application. All he had to do was look at my medical records, see the flight physical on top and order a hearing test to see if I really had a hearing loss. He stamped it no. No accountability.

    Va...SSDI...Workmans Comp...overworked people trying to please their boss or
    just plain ole catching up. From what I was told, these people are everyday people, just trying to survive in their job.

    But when I go for my appeal, can I hire you????

     
    Old 08-22-2006, 07:01 AM   #14
    kaybee
    Inactive
    (female)
     
    Join Date: Oct 2004
    Posts: 361
    kaybee HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Well, that certainly explains why dh was denied after seeing one of 'their' doctors. The latest denial had been worded something like this: We know your doctors say that you are disabled, and the dr. we sent you to says you are disabled but WE are denying you because you can engage in some other type of work. We feel that you are in a minimal amount of pain. We recommend that you don't bend, stoop, kneel and don't climb any ladders. The most current medical report they listed as having reviewed was one from over a year ago and current reports were disregarded - like the MRI that supported the need for major surgery.

    In my opinion the ALJ slammed them with his on the record decision claiming that they didn't look at all the medical evidence and did not take into account the report of the non-attending physician, aka: 'their' doctor. He went on to say that education, training and transferrable skills were not an issue. I say 'slammed' but I'm sure nobody was raked over the coals for intentionally acting ignorant.

    Apparently they did the same thing to my dh - stamped a denial and decided to let it work itself out later. Accountability stinks with the SSA. The system is so messed up. They could obviously cut costs everywhere and hire more people to make informed decisions. Just as there are people out there who honestly can't work due to a disability, there are those that are cuckholding the system and taxpayers by working full time labor intensive jobs and still drawing SSDI. This is all one big joke!

     
    Old 08-22-2006, 11:11 AM   #15
    Mz Migraine
    Inactive
    (female)
     
    Join Date: Jul 2003
    Location: Cherry Hill, NJ, USofA
    Posts: 1,062
    Mz Migraine HB UserMz Migraine HB User
    Re: Filed for SSDI, can I, should I file for age 62 pay?

    Quote:
    If I am on morphine when my day comes, I couldn't do it.
    Then I suggest that you start checking out attorneys who only deal with Social Security Disability cases. Let them be your mouth piece.
    The reason why I had one for hearing portion only because I was scared I would have a migraine & be under medication. My attorney advised me to *try* to attend the hearing medication free. Yeah right!!!!!
    During the 10 minute break, I ended up taking "one of my happy pills".

    From my research of these type hearing, these judges are very experienced & can spot a "faker" a mile away.
    Also, when you get as far as these hearings, you had better make sure your file has all your latest (up to date) medical NOTES as well as records, tests & all required "state forms" signed by your *leading* treating physician. These state forms may depend on the state.
    That was the one question the judge asked my attorney. He asked for these forms.

    Since I handled my own case in the beginning, I had no problems getting copies of all of my medical records. I strongly suggest if you have not done so, that you start obtaining copies, keep a set for your records & give a set to your attorney if you retain one.
    To save $$$$ always have the girls at the doctors office make 2 copies. This way, you won't have to go to Kinkos.

    It is also extrememly helpful if you notify all of your treating physicians that you are filing for Social Security Disability Benifits so that they will cooperate w/same. You would be surprised at how many doctors refuse to do so.
    I had to find another physician who was willing to cooperate! Don't mess w/an angry female with a migraine.
    Quote:
    But when I go for my appeal, can I hire you????
    With the meds I'm currently on, by the time I'm finished dealing w/the judge in his private chambers you will be approved for:
    Social Security Disability
    Social Security Retirement
    Medicare
    Medicaid
    Section 8
    Food Stamps
    9/11 Trust Fund
    Katrina Trust Fund
    CIA Secret Accounts


     
    Closed Thread

    Related Topics
    Thread Thread Starter Board Replies Last Post
    Has anybody won SSDI benefits on the reconsideration stage? beegie Health Insurance - SSDI Issues 17 11-28-2011 08:15 PM
    Reconsideration denied, filed for ALJ....how long until I get a date? monkeytoes Disabilities 12 09-01-2010 08:35 AM
    Herniated Cervical Discs and SSDI Brie57 Hernia 31 05-05-2009 09:12 PM
    Long Term Disability & SSDI Questions VAMPGRRL12 Disabilities 12 03-27-2008 08:59 PM
    Just got approved for SSDI, have questions lorib64 Disabilities 8 03-15-2007 08:57 AM
    Has anyone filed for disability and won? poolsharky2k Chronic Fatigue 9 04-26-2005 05:35 PM
    Tips on SSDI approval! DynagirlFms Disabilities 10 03-26-2005 01:45 AM




    Thread Tools Search this Thread
    Search this Thread:

    Advanced Search

    Posting Rules
    You may not post new threads
    You may not post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is Off
    HTML code is Off
    Trackbacks are Off
    Pingbacks are Off
    Refbacks are Off




    Sign Up Today!

    Ask our community of thousands of members your health questions, and learn from others experiences. Join the conversation!

    I want my free account

    All times are GMT -7. The time now is 09:13 AM.





    © 2020 MH Sub I, LLC dba Internet Brands. All rights reserved.
    Do not copy or redistribute in any form!