Will getting retirement affect my application for disability based on COPD?
I am 56 and going to apply for disability for COPD. I am going to leave my job and take early retirement. Will getting retirement affect me getting disability if I qualify for disability.
Your retirement would have no affect upon your eligibility for Social Security Disability benefits. These benefits are based upon your earnings over the years. There are no income or resource limits involved. Often people confuse Social Security Disability with Supplemental Security Income disability (SSI). SSI is need based, therefore income and resource limits apply. You should have no problems with your retirement benefits and Social Security Disability eligibility.
Social Security Disability does not offset your pension unless your pension is based upon earnings that were not taxed for the purposes of Social Security. In years past, some states, businesses, and companies opted out of the Social Security system. If your pension is based upon non-covered earnings (not taxed), Social Security may offset your disability benefit amount. Generally, individuals who have pensions have no problem receiving their full Social Security Disability benefit because their pension is based upon covered earnings.
If you are receiving a disability pension from an employer or long term disability company, there is a likelihood that they will offset what they pay you each month once you have been approved for Social Security Disability.
If you are receiving a retirement pension from a governmental agency or an employer, it is unlikely that your entitlement to Social Security Disability will cause your retirement pension to be offset (unless the retirement is base non covered earnings, i.e. federal civil service employees). The same is true if you are receiving a military retirement or disability pension.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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