Some Things To Know About Disability & Early Retirement

If you have retired or are planning to retire early due to disability, you are likely wondering about entitlement to benefits. You may be eligible for Social Security Disability Insurance (SSDI). Your entitlement is not affected if you are receiving a retirement benefit from your job, long-term disability, or worker compensation benefits.

There are requirements, however, which include:

• Work that is below the level set for substantial gainful activity
• Have a disability that has last for or is expected to last for 12 months
• You are currently insured under the SSDI program

Insured Under SSDI

The majority of working Californians are paying into the SSDI program through taxes. Those who are 60 or older become fully insured after earning 40 quarters of work credits, which equates to ten years work. This entitles them to Social Security retirement or disability benefit. However, insurance status is based on your “date last insured” (DLI), which states that you are required to have worked a minimum of five out of the last ten years.

Filing After your DLI

Your disability must have existed before the date of your DLI. That means you can apply for benefits based on a disability that developed in the past. You will need to provide evidence to support your claim, especially if a significant amount of time has passed. That does not mean your claim has no chance of being approved in early retirement. The following steps are just some of the things you can do to improve the strength of your claim.

Speak to your doctor and ask him or her to provide records from before your DLI, which describe your disability and how it affects your working life. Even if you did not pursue an exact diagnosis when the disability developed, you can still ask your doctor to make inferences about the nature of the condition and how it would have impacted you in the past. You will also need to inform the SSA about the disability period before the expiration of your DLI.

Families, employers and members of the community may be able to help support your case by providing statements on your condition and the challenges you faced. However, if you are planning on taking the route of applying for disability benefits after your DLI, consider hiring a disability attorney.

Experienced Disability Attorney

Understanding disability benefits and early retirement can be confusing, which is why you should hire an experienced disability attorney. These claims can prove difficult due to the numerous complications surrounding DLI and when your disability developed. Having a reliable disability attorney who provides expert guidance may help you expedite your move into early retirement.

Call Kenton Koszdin Law Office today for a consultation so we can help you determine whether you are entitled to disability benefits. Our dedicated legal team is here to offer support and provide guidance when filling in forms and responding to any correspondence you receive.