Can my husband apply for Social Security disability benefits years after Hep C treatment?
I'm confused about Social Security disability rules for past medical conditions. My husband retired 2 years ago at 63, but he had a serious health issue before that. He was diagnosed with Hepatitis C about 15 years ago and went through two really difficult treatments spanning almost 2 years. The treatments eventually worked and he's considered cured, though doctors say he'll always have the antibodies in his system. During those treatments, he kept working but it was absolutely brutal - extreme fatigue, brain fog, and other side effects that made working a nightmare. Now a family friend is telling us he might be able to retroactively apply for SSDI based on that period when he was struggling with Hep C treatment but still forcing himself to work. Is this actually possible? Can you apply for disability benefits years after recovering from a condition? He's collecting regular Social Security retirement now, but it's less than he would have received on disability.
21 comments
Jessica Suarez
Unfortunately, your friend is giving you incorrect information. There are two major problems with this scenario: 1. SSDI (Social Security Disability Insurance) requires that your disability prevents you from doing substantial gainful activity (SGA) for at least 12 months. Since your husband continued working through his treatments, he wouldn't have qualified even back then. 2. SSDI benefits automatically convert to retirement benefits when you reach Full Retirement Age (FRA). Since your husband is already collecting retirement benefits and has been retired for 2 years, the window for disability application has closed. The only possible exception would be if he could prove he became disabled before his application for retirement benefits AND within the last 5 years. But even then, he would need medical evidence showing he couldn't work at all during that period, which contradicts your statement that he continued working.
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Jay Lincoln
•Thanks for clearing that up. I thought it sounded too good to be true. He definitely kept working through it all, even though some days were absolutely terrible. I guess we'll just continue with his current retirement benefits then.
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Marcus Williams
My uncle tried to do something like this!! He had cancer 8 years before retiring and someone told him he could get backpay from SS for the time he was sick even though he kept working. Spent $3000 on a lawyer who took his money and then told him it was impossible. DONT waste your money!!!
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Lily Young
•That's terrible about your uncle! I hate when people take advantage of others. Unfortunately there's lots of misleading info out there about Social Security.
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Kennedy Morrison
Wait, I'm confused... is your husband on regular Social Security retirement now? Or is he on SSDI? Because those are totally different programs with different rules.
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Jay Lincoln
•He's on regular retirement benefits now. He started taking them at 61 (about 2 years ago). The question was whether he could somehow apply for disability retroactively for that period when he was sick but still working, which was about 15 years ago.
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Kennedy Morrison
•Oh I see! Thanks for clarifying. Yeah that doesn't sound possible to me but I'm not an expert.
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Wesley Hallow
As a former SSA employee, I can definitively say this is not possible. To receive SSDI benefits: 1. The disability must be severe enough to prevent substantial gainful activity 2. The condition must last (or be expected to last) at least 12 months or result in death 3. You must apply while still insured for disability benefits Since your husband continued working through his treatment and has now been collecting retirement for 2 years, he's well outside the window where he could apply for disability. Additionally, retroactive SSDI benefits are limited to 12 months prior to application date - not 15 years. Your husband's retirement benefit amount is permanently fixed at this point, except for annual COLA increases.
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Jay Lincoln
•Thank you for the detailed explanation. That makes perfect sense.
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Justin Chang
I work with disability cases and unfortunately see this misunderstanding often. One additional point: even if your husband HAD qualified for disability during his treatment period, the maximum retroactive benefit period is 12 months from application date. So even in the best case scenario, he couldn't get benefits for something that happened 15 years ago. If you want to verify all this directly with SSA, I'd recommend using Claimyr (claimyr.com) to get through to an agent quickly instead of waiting on hold for hours. They have a video demo showing how it works: https://youtu.be/Z-BRbJw3puU - it's been a lifesaver for my clients who need to speak directly with SSA representatives about complex situations like this.
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Kennedy Morrison
•Does this Claimyr thing actually work? The SSA holds are insane lately!
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Justin Chang
•Yes, it consistently gets my clients through to representatives in a fraction of the time. One of my disability clients needed to sort out a mixup with his Medicare premiums being incorrectly deducted from his SSDI payment, and he got through in about 10 minutes instead of waiting for hours.
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Lily Young
The SSA system is IMPOSSIBLE to navigate!! My brother had a similar situation with a serious back injury and trying to figure out if he qualified for disability or early retirement. The rules are deliberately confusing and they WANT to deny you benefits you've earned!! It's disgusting how they treat people who've paid into the system their whole lives!!
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Jessica Suarez
•While I understand your frustration, the rules actually make sense when you understand the purpose of each program. SSDI is specifically for people who cannot work due to disability, while retirement benefits are for those who've reached retirement age. The system has to have clear guidelines to remain sustainable.
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Grace Thomas
Is your husband getting his full SS benefit amount? If he started taking retirement at 61, that's below his full retirement age and he's getting a permanently reduced benefit. If he's only 63 now, he could potentially suspend his current benefits until he reaches full retirement age (probably 66 or 67 depending on birth year) to get a higher monthly amount later. Might be worth looking into.
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Jay Lincoln
•That's a good point - he is getting a reduced amount since he started at 61. I didn't know you could suspend benefits once you've started taking them! We'll definitely look into that option. Do you know if there are any downsides to doing that?
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Wesley Hallow
•You can only suspend benefits once you reach your full retirement age (FRA). If your husband is only 63, he can't suspend benefits yet. He'd need to wait until his FRA (likely 66-67 depending on birth year). However, once you suspend, you can earn delayed retirement credits of 8% per year until age 70, which would increase his eventual benefit amount.
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Kennedy Morrison
my cousin had hep c too and got it treated thank goodness! but he never thought about disability either, it's rough but he got through it too. glad your husband is doing better now!
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Jay Lincoln
•Thank you! Yes, the treatments have improved a lot over the years but it was still a really tough time. I'm glad your cousin recovered too!
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Jessica Suarez
One thing worth noting: If your husband's current benefit is lower than what you're entitled to as a spouse (potentially up to 50% of his full retirement age benefit), you might want to look into spousal benefits when you reach eligibility age. This could help maximize your household's total Social Security income, even if the disability option isn't available.
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Jay Lincoln
•Thank you for that suggestion! I'm actually 59 now and planning to work until at least 62, maybe longer depending on how things go. But I'll definitely look into the spousal benefit option when I get closer to retirement age.
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