should you contact a lawyer when you are applying for early retirement social security

While you don’t technically need a disability benefits attorney to represent you during the application process, hiring one can improve your chances of a successful claim. Statistics have shown that the Social Security Administration (SSA

) is more likely to approve someone who is represented by an attorney.

Full Answer

Should I hire a Social Security Attorney?

Perhaps the only time you should refrain from calling a lawyer is when you have submitted your initial application to Social Security and are awaiting an answer. There is rarely much your attorney can do at this point, so there's little sense in agreeing to pay an attorney 25% of your past-due benefits until you get a denial.

How can a lawyer help me with my retirement plan?

A discussion with an attorney at our law firm can be very helpful in assisting you in clarifying your overall plan to retire.

How can a Social Security disability lawyer help my application?

On the initial application, your lawyer can offer advice on your " alleged onset date " of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security.

Do I need a lawyer to appeal a social security denial?

At the next stages of appeal, the Appeals Council and federal court, your lawyer can craft sophisticated legal arguments to show that Social Security wrongly denied your case. When Should I Call a Lawyer? The general rule is "the earlier, the better."

How soon should I contact Social Security before I retire?

You can apply up to four months before you want your retirement benefits to start. For example, if you turn 62 on December 2, you can start your benefits as early as December, and apply in August. Even if you are not ready to retire, you still should sign up for Medicare three months before your 65th birthday.

How long does it take to get first Social Security check after applying?

Once you have applied, it could take up to three months to receive your first benefit payment. Social Security benefits are paid monthly, starting in the month after the birthday at which you attain full retirement age (which is currently 66 and will gradually rise to 67 over the next several years).

Does Social Security penalize you for retiring early?

In the case of early retirement, a benefit is reduced 5/9 of one percent for each month before normal retirement age, up to 36 months. If the number of months exceeds 36, then the benefit is further reduced 5/12 of one percent per month.

What do you do when you're ready to draw Social Security?

You can apply online, call Social Security at 800-772-1213 (TTY 800-325-0778) or go to your local Social Security office.

Is it better to apply for Social Security online or in person?

Applying online is the easiest way to complete your application at a time that works for you, without a trip to the Social Security office.

What paperwork do you need to retire?

What Documents Do You Need to Apply for Retirement Benefits?Your Social Security card or a record of your number.Your original birth certificate, a copy certified by the issuing agency, or other proof of your age. ... If you were not born in the U.S., proof of U.S. citizenship or lawful alien status.More items...

What is a typical early retirement package?

Most early retirement offers include a severance package that is based on your annual salary and years of service at the company. For example, your employer might offer you one or two weeks' salary (or even a month's salary) for each year of service.

Is retiring at 62 a good idea?

The short answer is yes. Retirees who begin collecting Social Security at 62 instead of at the full retirement age (67 for those born in 1960 or later) can expect their monthly benefits to be 30% lower.

What is the average Social Security check at age 62?

$2,364At age 62: $2,364. At age 65: $2,993. At age 66: $3,240. At age 70: $4,194.

What should I do when I first retire?

Here are some of our ideas for what to do when you are first retired:Move Somewhere New: Have you ever wanted to live in the country? ... Travel the World: ... Get a Rewarding Part-Time Job: ... Give Yourself Time to Adjust to a Fixed Income: ... Exercise More:

How do I start a retirement process?

Step 1: Define Your Retirement. ... Step 3: Evaluate Your Health — Now. ... Step 4: Determine When to Collect Social Security. ... Step 5: Network Through Social Media and Other Methods. ... Step 6: Decide How Much You Want (or Need) to Work. ... Step 7: Create a Retirement Budget. ... Step 8: Find New Ways to Cut Your Expenses (Start Saving More)More items...

What questions are asked when applying for Social Security benefits?

Information About YouYour date and place of birth and Social Security number;The name, Social Security number and date of birth or age of your current spouse and any former spouse. ... The names of any unmarried children under age 18, age 18-19 and in elementary or secondary school, or disabled before age 22;More items...

Why do I need an attorney for Social Security?

However, applying for Social Security is a task that should not be underestimated because many forms and documents need to be completed and verified.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

How long did you have to work to get unemployment benefits?

Everyone who reached the age of 62 could apply for these benefits as long as they had worked at least ten years and had paid into the system.

Is an attorney always user friendly?

However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the applicant and move the process ahead.

Can I apply for Social Security with a lawyer?

The application process for Social Security can look simple, but if you have special circumstances or you are trying to organize a more comprehensive retirement plan, a Social Security Benefits Lawyer is prepared to assist you.

How old do you have to be to receive Social Security?

This could include: Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.

How old do you have to be to get a Social Security check?

You are aged 18 or older; You have a Social Security number (SSN); and. You have a valid U.S. mailing address. With this account, you may be able to view your Social Security Statements and receive an estimate of your retirement benefits. Find the Right Government Lawyer. Hire the right lawyer near your location.

What is ERISA law?

The Employee Retirement Income Security Act, or “ ERISA ,” is a federal law which sets standards and regulations of protection for people that are in private sector company retirement plans. ERISA provides protections for eligibility guidelines, management of funds, and wrongful termination.

What is retirement benefit?

Retirement benefits refer to a financial security setup intended to support a person once they have left the workforce. Social security is the government program that provides financial support to the elderly, disabled, and retired populations. Social security benefits make up a large part of most people’s retirement plans.

What is the SSA?

Earnings: The Social Security Administration, or “SSA,” averages a person’s earnings over the course of their career in order to determine what they will be entitled to. The size of their retirement benefits depends on how much they earned while working, as previously discussed.

What is Social Security tax?

Over the course of a person’s employment, they pay a portion or percentage of their regular income to the government. These payments are known as Social Security taxes, and are then issued on a monthly basis after retirement or a qualifying disability.

What is required by ERISA?

ERISA requires that set plans provide employees with accurate plan information and important facts regarding: Plan features and funding; Minimum standards for participation; Vesting; Benefit Accrual; Management and control features; Claims and appeals process for participants; and. Right to sue for breach of benefits.

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

What does it mean to claim unemployment benefits early?

Claiming benefits early means getting checks sooner, but those checks will continue at a reduced amount. Sometimes it makes sense to claim benefits as early as possible rather than wait and get larger checks each month.

Can my spouse take my Social Security benefits?

Your Spouse Can Take Benefits Later. If you’re still married, you may only need to take one person’s Social Security benefits early. This strategy can give you some income immediately, while the other person’s benefits continue to grow. 3  Make sure to do the math with the official Social Security calculator .

Can I file for unemployment earlier?

The advantage of delaying taking benefits will apply (and appeal) to most people. But filing earlier (or as soon as one is eligible) can be the right choice for many people as well. Here are some situations when that may apply.

Can I claim dependents on my Social Security?

If you have children or other relatives who qualify as dependents on your tax return, they may be eligible for dependent benefits when you take your Social Security payouts. 2  The math might work out for all. The details can be confusing for the layperson; therefore, consult a qualified advisor.

Can you take your Medicare benefits early?

Although life expectancy typically continues to rise, many seniors still worry about dying early. If you have a chronic condition or a terminal illness, you might consider taking your benefits early. “Delaying benefits doesn’t make sense if there is a good chance you won’t be around to enjoy it,” says CFP Jennifer Davis of Halpern Financial.

How long do you have to work to get Social Security?

Second, the applicant must be fully insured, which means that the person has worked for at least 40 quarters, or ten full years.

What happens if you wait to collect your retirement at 62?

If you delay collecting retirement benefits past full retirement age, your benefit amount will be increased by a certain percentage each year you wait up to age 70. ...

How to reverse SSA decision?

To reverse your initial decision, you file SSA Form 521, Request for Withdrawl of Application. But if you're considering withdrawing your claim and paying back your retirement benefits, consider consulting with a financial planner and tax adviser first. Updated May 20, 2021.

Why do people retire early?

Some retirees who started collecting their benefits early because they needed the income realize they are losing potential benefits. For those who change their minds after applying for early retirement benefits—maybe they receive a windfall or they go back to work— Social Security allows a one-time "do-over.".

How much Social Security will I get in 2021?

For the year 2021, the limit is $18,960 ($1,580 per month). If you are collecting Social Security retirement benefits before full retirement age, your benefits are reduced by $1 for every $2 you earn over the limit.

Does private pension affect Social Security?

While pension income from private employment in the U.S. doesn't affect your Social Security retirement benefits, government pension income or foreign pension income might. Many people have earned public employee retirement system benefits from government jobs not covered by Social Security as well as retirement benefits from work covered by Social ...

Can I work while receiving Social Security?

Nor do you need to have low income. But until you reach full retirement age, Social Security will subtract money from your retirement check if you exceed a certain amount of earned income for the year .

Apply for Retirement Benefits

Starting your Social Security retirement benefits is a major step on your retirement journey. This page will guide you through the process of applying for retirement benefits when you’re ready to take that step. Our online application is a convenient way to apply on your own schedule, without an appointment.

Ready To Retire?

Before you apply, take time to review the basics, understand the process, and gather the documents you’ll need to complete an application.

When did you retire from SSDI?

You steadily worked between 1980 and 2011, earning over $20,000 per year. You retired on December 31, 2011, at age 55. You have enough work credits to be fully and currently insured for SSDI through the end of 2016, when you are 60. Your DLI is December 31, 2016.

How many years of work do you need to be insured for Social Security?

Older workers (60 and older) who accumulate 40 quarters of work credits (10 years of work) are "fully insured" for Social Security retirement or disability benefits. But 50-year-olds need only have 7 years of work credits to get insured. However, you have to be "currently insured" as well. You must have worked at least 5 ...

Can I collect SSDI if I retire early?

Many early retirees collect SSDI when they can no longer work. Many people who retire early because of health problems in their 50s and early 60s may be eligible for the Social Security Disability Insurance (SSDI) program.

Does it matter if you retire early?

It does not matter whether you already get a company retirement benefit, long-term disability payments, or worker's compensation benefits. You have a reasonable chance of approval if your health problems contributed to your decision to retire early or even if your health problems started or worsened after retirement.

Does disability freeze affect Social Security?

Thanks to the disability freeze, the years you are disabled and unable to contribute to Social Security will not reduce your potential Social Security benefit amount. Essentially, the SSA will exclude from its benefit calculations any zero-income or low-income quarters of earnings from a period of disability.

Can I collect Social Security at 62?

After they turn 62, they become eligible for Social Security retirement . I'm afraid Social Security is right. One requirement of continuing to receive SSI benefits is that the SSI recipient apply for any other cash benefits that are available, and this includes Social Security retirement benefits. So your brother will have to start collecting his ...

Can my brother get Social Security if I didn't work?

It sounds like your brother didn't qualify for Social Security disability (SSDI) benefits but does qualify for retirement benefits. This can happen when someone didn't work recently enough in relation to when they filed for disability, but they did work enough years in the past to qualify for a small retirement benefit.

Can I receive Social Security and Social Security at the same time?

The good news is that he'll be able to receive both Social Security retirement and SSI at the same time, so his overall monthly benefit won't decrease. He should receive $600 as the retirement benefit and $171 as the SSI benefit (roughly). A note for those who are receiving both SSI and Social Security disability insurance ...