Early Retirement and Social Security Benefits

Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I do Social Security Disability law.  Today were going to talk about Social Security as it relates to Early Retirement.

I have calls from time to time from people that are contemplating retiring early.  The question they have is “If I’m retiring early, but the reason I’m retiring early is because I’m disabled, what should I do?  Should I retire or should I apply for Disability?”  My answer in that situation generally is do both.

There are some exceptions.  In situations where someone is retiring early, let’s say they have cancer or back problems, whatever the reason they’re retiring early, I generally recommend people to claim early retirement and also apply for social security disability.

The reason is this:  If you’re at the right age for early retirement, you can go ahead and do it.  Usually people are retiring and they need the money.  If you also process a Social Security Disability application and it is approved then that early retirement decision is undone.  I’ll give you an example.  If someone applies for early retirement and then 2 years later when they have also had a disability claim pending, Social Security comes back and says “well this is what we do, and we approve that someone has been disabled the whole time.”

Social Security will, in essence, undo the early retirement decision and pay the higher benefit for disability insurance benefit, and at that point someone can stay on disability insurance through early retirement, and the early retirement amount should actually reflect the full amount that they would get, so in essence you have 2 kicks at the can.  You can retire early and you have the option to retire later if that works out.

The only instance that these are case by case situations who someone might delay is won if they really are retiring by choice, that’s something to be analyzed, and 2 the basic premises you’re not always sure with disability insurance, what would happen.  A lot depends on doctors notes, treatment records, specifics on how doctors think you’re limited, so when someone is deciding whether to retire early or apply for social security disability the best course of action is to talk to your doctor about the ability to work, and also make sure that your doctor is in agreement with doing what you’re currently doing, but if there is some agreement with your treating doctor that you should probably stop what you’re doing to consider social security disability.

Feel free to call our offices.  Our office number is 800-850-7867, or you can go to out website at the bottom of the screen here, and you can see the information related to this topic and other topics.  Thank you very much.”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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