question regarding Disability and social security benefits

Parent Cafe
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<p>My 52 year old cousin who lives in Florida has worked his whole life in construction. He did well during the construction boom. Now with the economic downturn, he has been unable to get a job for the past three years. He does small jobs here and there but nothing steady. To add to the problem, he is suffering from severe back pain and has no insurance. He has lost two opportunities for full time work because his back has given out and he has lost his job before the health insurance kicked in. We have told him to file for disability in order to get his back problem looked at but he refuses. He says that if he takes disability now, his future social security benefits will be used up.</p>

<p>He has gone through all his savings. He certainly has paid into social security all the years he worked. He fears losing his home where his mother, who has cancer, is living with him. She has no one else to care for her so she stays with him. He is too proud to go talk to the people at social security and I understand that he feels he needs to earn a living but the situation looks bleak. Also, once he gets better, we hope, can he go back into the workforce? He also believes that once he declares disability he has to stay that way. I don’t think that is true. Is what he is saying true? Will taking disability now reduce future retirement benefits? Will he be able to come off disability and return to the workforce if he gets better?</p>

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<p>Could you find an attorney in his area who specializes in Social Security disability claims, and have him go in? Many offer a free consultation. It is complicated, and particularly for those with less visible disabilities, low chance of getting approved if you don’t have some real background in the area. Maybe visit and go with him? </p>

<p>I would not think that it would materially affect his ultimate SS retirement benefit since he seems unlikely to find work that would pay as much as he earned in the boom times, particularly since his back won’t hold up for what sounds like pretty physical labor.</p>

<p>You’re a very good cousin.</p>

3

<p>“Will taking disability now reduce future retirement benefits? Will he be able to come off disability and return to the workforce if he gets better?”</p>

<p>Taking disability now does not reduce future benefits and yes, he can come off disability and return to the workforce if he gets better. He just cannot earn any income while on disability unless he is in the process of “testing the waters” to see if he is able to return to work, which gets a little complicated. Also, getting turned down for SS benefits before turning 65 is pretty much the norm, so plan on reapplying within the allowable time frame or you have to file a new claim.</p>