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Social Security Disability Questions Answered by Attorney Rich Feingold This board is for you to have your general questions about Social Security disability benefits answered by volunteer attorney Richard I. Feingold.

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Old 02-08-2013, 03:30 PM
Tayook Tayook is offline
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Join Date: Feb 2013
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Applying for SSDI at age 66 for disability diagnosed at 61?

My father was dianosed at the age of 61 years, 11 months old. He had been dealing with symptoms and had his first doctors appointment June 3, 2009, was diagnosed August 24, 2009 and could no longer work. He struggled through working from June to August because they had no other options, but finally called it quits that day.

He was advised to apply for early retirement because SSDI would take up to 2 years, but he was never told that once he qualified for early retirement, that he could still apply for SSDI and if eligible, they would forgive his early retirement and he would receive "back pay."

We just stumbled across this information and have been investigating it, but he is now 66 and at "full" retirement age.

Is it still possible to apply for disability to get his early retirement "forgiven?" Even if he does not receive back pay, having his early retirement forgive would be a great help as my parents are just scrapping by with his current fixed income.

Thank you in advance!
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Old 02-08-2013, 05:11 PM
MSer102 MSer102 is offline
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"Forgiven" might not be the right word because your father didn't do anything wrong. Maybe "reclassified" is a better word.

One of my relatives got reclassified when she became disabled from a stroke not too long after she took early retirement. So its possible. But the trick is having Social Security agree that your father is really disabled and deciding on when the disability started because when he was diagnosed with MS isn't important to them. They only want to know when he became disabled.

When you were investigating about this did you go to the Social Security website? Somewhere on the site it should answer your questions about disability and what happens if someone becomes disabled in early retirement. The Social Security agency is the authority on this so you can go right to their website right now and get started with applying for disability.

Theres a lot of forms and paperwork from doctors that have to be submitted so a lot of people find its easiest to have a disability lawyer or disability advocate company like Allsup help your father with it. It isn't necessary and you can do it yourself but they do it for a living and know how to avoid mistakes and the fastest and best ways to get the application submitted.

The disability lawyers don't charge for the service and get paid by getting the person's back pay up to a certain amount. So if you want to get the application filed and put through as quickly as possible and don't care so much about the back pay it could really be worthwhile to use a lawyer to file.

So if you go to the Social Security website you can find out pretty quick what the rules are in this situation. You can even start the application process online if you want to. And if you want to you can google for disability lawyers where your father lives. Good luck to you and your father.
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