Legal Question in Social Security Law in Virginia

Social security elegibilty!

If someone is on social security disability and receiving a monthly check, can they file for social security retirement at age 62, and would there be any penalty for receiving both.

Asked on 2/15/03, 10:54 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Social security elegibilty!

Sure, you could certainly file for the retirement benefit, and, if it were approved, your monthly disability check would be reduced by the amount

you were receiving in monthly retirement.

Net gain = 0.

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Answered on 2/17/03, 12:04 am

Re: Social security elegibilty!

If I understand your question correctly If you are receiving Social Security Disability benefits (SSDI) then you are receiving your retirement early. You would not apply for partial retirement benefits at 62, at full retirement age (probably 65) your disability check will then switch over to a retirement Social Security check but would be the same amount you were getting as disability (of course over time the amount will go up with cost of living increases.)

Sheri R. Abrams

Attorney at Law

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Answered on 2/20/03, 2:07 pm

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