What is a Social Security Disability Freeze?
By Kenton Koszdin Law Office on May 28, 2023 | In Social Security Disability
Social Security benefits are calculated partially based on how many years you work over your lifetime. The more you work, the more Social Security retirement benefits you will receive, up to a point.
However, what happens if a disability prevents you from working at full capacity or at all? Will those years count against your retirement benefits? The answer is that they don’t have to. A Los Angeles Social Security lawyer can potentially help you prevent this from happening by applying for a disability freeze.
What Does the Disability Freeze Benefit Mean?
A disability freeze is a way for the Social Security Administration to deal with periods of time when an individual can’t work up to their full potential. Instead of calculating these periods of low to zero work on their earnings record, the SSA instead ignores the period of disability when performing retirement benefits calculations.
The benefit of a disability freeze is that these periods of low to no earnings don’t reduce a worker’s ultimate retirement benefit. But not everyone in the Golden State can qualify for a California disability freeze.
Who Qualifies for a Disability Freeze in Los Angeles?
Eligibility for a freeze is strictly determined by whether an individual meets the following three criteria:
- The individual has insured status for SSDI according to work history;
- The individual applied for disability while disabled and within 12 months of the end of the disability;
- The individual is legally disabled or blind.
A Social Security disability freeze is quite beneficial for people who have periods of reduced or no income on their work records.
Must I Receive Disability Payments to Qualify for a Disability Freeze?
No. Certain individuals can have their Social Security benefits freeze and not be on SSDI. However, in most cases, you must be receiving disability benefits from SSDI to qualify for a disability freeze for SSA. The narrow exceptions are for:
- Individuals who are statutorily blind but still able to work;
- Qualifying railroad workers and military personnel;
- Certain incarcerated individuals.
Keep in mind that you may not apply for a disability freeze if you are receiving Supplemental Security Income (SSI). Additionally, there are considerations you should discuss with an attorney when applying for a disability freeze if you are nearing retirement age.
How to Apply for Disability Freeze
If you are interested in applying for disability freeze, you can apply directly with the Social Security Administration. However, the complexity of the process typically leads to delays due to errors and inexperience. Hence, it is recommended that you at least meet with an experienced Social Security disability attorney to discuss your case before freezing Social Security benefits.
It is essential that you understand the rules and ramifications before taking any action that might impact your future benefits.
The Bottom Line
The Kenton Koszdin Law Office has helped thousands of individuals maximize their benefits under Social Security, including helping clients with disability freezes. If you are facing a period of disability and are not earning what you used to, you may be entitled to a disability freeze, even if you are not receiving SSDI benefits.
Contact our team in Los Angeles today for a free consultation and learn how we can help you preserve your future benefits.
