Questions About Disability Benefits

By Tom Margenau

June 15, 2016 7 min read

Q: I am 60 years old. I have had some major health issues and I have had to stop working. About 6 months ago, I applied for Social Security disability benefits and I just got my first check. But now I am concerned. A neighbor told me this will mess up my future retirement benefits from Social Security. He said I will get less money. Did I make a big mistake?

A: If I could give one bit of advice to everyone in the country, it would be this: "Don't listen to your neighbors (or friends or family members for that matter) when it comes to Social Security. They are almost always wrong!"

You did not make a big mistake. A Social Security disability benefit pays the same rate as a full retirement age benefit check. In other words, the amount of money you are getting now (at age 60) equals what you would have received if you had retired at age 66 with full retirement benefits.

And when you reach age 66, you will be automatically switched from Social Security's disability rolls to the retirement side of the ledger. However, your monthly check will not change because, again, you are already being paid your full retirement age benefit.

Q: I am 58 years old. I had open-heart surgery about three months ago. While I was in the hospital, someone came to my room and helped me fill out forms for Social Security disability benefits. Frankly, I was a little groggy at the time and just went along with what she was doing. I've been out of the hospital for about a week and I'm still waiting to hear about my disability claim. But here is the catch. I fully intend to return to work in the next couple of months. Should I call Social Security and cancel my claim?

A: I suggest you just let the claim takes its normal course. So do not call the Social Security Administration and cancel or withdraw your disability claim.

The law says that in order to qualify for Social Security disability benefits, you must have an impairment that is expected to keep you from working for at least 12 months.

If your medical records reflect what you are telling me (that you should be able to go back to work soon), then I suspect your claim is simply going to be denied.

If, on the other hand, your medical records are gloomier than your own prognosis, and your claim is approved, then the monthly Social Security checks will just start rolling in. And as long as you are out of work, you are due the money.

If you do return to work, there are lots of work incentive provisions that may apply to you. They fill up a three-inch binder in my bookcase, so they are way too complicated to explain in this column. In a nutshell, you may be allowed to continue to receive full disability benefits for nine months even after you return to work. It's called a "trial work period." If you still working after those first nine months, then your disability benefits will likely stop. But if your heart just isn't ready for all the work you want to do and you have to stop working, then your benefits should continue.

Q: I am 55 years old. I have worked all my life, but recently suffered an injury that caused me to lose my job. I filed for Social Security disability. I am still waiting to hear from them. But I am also going to get worker's compensation through my state. Someone told me this will mess up my Social Security. Is this true?

A: There is a law that says the combination of your worker's comp payments from the state and your Social Security disability benefits from the federal government cannot exceed 80 percent of your pre-disability income. That's an incentive to get you to return to work someday. The thinking is this: If your combined state and federal disability payments exceed what you were earning before you became disabled, you'd be inclined to want to live off those government handouts the rest of your life instead of working.

So again, the rules say your combined payments cannot exceed 80 percent of your old salary. If they do, then one or the other benefit has to be cut. It's usually the Social Security disability check that gets trimmed. But in some states, the worker's compensation payments are reduced. Someone at your Social Security office or worker's comp bureau can tell you how it works in your state.

Q: I am 59 years old and just started getting Social Security disability benefits. I want to file for unemployment. If I get unemployment benefits, will this cut my Social Security checks?

A: People who are getting Social Security retirement benefits ask me this question all the time. And I answer by telling them that there is no Social Security rule that prevents them from getting Social Security checks and unemployment benefits at the same time. But I also tell them that they would have to check with the people who manage unemployment benefits in their area to find out if their rules prevent people from getting unemployment while they are on Social Security. I am pretty sure they usually can collect both benefits.

But it is an entirely different story when we are talking about Social Security disability benefits. And here is why. To get Social Security disability benefits, you are essentially telling the federal government this: "I have a severe disabling condition that keeps me from being able to work so I need monthly disability checks to get by." And in fact, your disability claim would not have been approved without all kinds of medical evidence to support your claim.

On the other hand, when you file for unemployment benefits, you are essentially telling the state unemployment people this: "I am ready, willing and able to work, but I just can't find a job, so I need unemployment checks to tide me over until I get work."

I hope you see the disconnect there. You are either lying to the federal government about your inability to work, or you are lying to the state about your ability to work. One or the other is going to deny your benefits.

If you have a Social Security question, Tom Margenau has the answer. Contact him at [email protected]. To find out more about Tom Margenau and to read past columns and see features from other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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