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What happens when SSDI appeal continues past Full Retirement Age - should my husband file for regular SS benefits?

I'm at my wits' end with this whole disability process. My husband filed for SSDI at 62 (he's now 63) after a serious back injury made his construction work impossible. We've been waiting 11 months and his disability examiner says it'll be at LEAST 3-4 more months before any decision. I've heard horror stories about almost everyone getting denied initially. Here's what keeps me up at night: What happens if we get denied and have to go through appeals that stretch past his Full Retirement Age (66 and 10 months)? He hasn't filed for regular retirement benefits because we thought disability would be better (no early filing reduction plus Medicare). He paid into the system for 45 years straight, never took a government handout in his life. Should he just give up on disability and file for reduced retirement now? If we wait for the SSDI process and appeals to finish but it stretches past his FRA, do we lose all those months of payments? The local office gave us conflicting information and I don't know what to believe anymore.

Amina Diallo

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You're in a tough spot that many people face. Here's what you need to know: If your husband is eventually approved for SSDI, even if the appeal process extends past his Full Retirement Age, Social Security will pay backpay from his established onset date through the approval date. So you don't necessarily "lose" those months. However, once he reaches FRA, the disability claim essentially converts to retirement benefits automatically, but at the full amount (not reduced). The main advantage of having the disability claim approved at that point would be the backpay for all those months you waited, plus potentially earlier Medicare eligibility if he's approved. Many people do decide to take early retirement while waiting on disability because it provides some income during the wait. If he's approved for disability later, SSA will pay the difference between what he received in early retirement and what he should have received in disability.

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CosmicCowboy

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Thank you for the detailed response. So if I understand correctly, even if his appeal goes past FRA, he could still potentially get backpay for the entire waiting period if approved? Would those backpay amounts be at the disability rate or retirement rate?

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Oliver Schulz

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my brother went thru this exact thing!! he waited almost 2 years total but got approved right after he turned 67. SSA gave him all his backpay from when he first applied at 65 and the monthly amount was the same as what his full retirement would have been. but the backpay was a HUGE help for all the medical bills hed racked up while waiting. tell your husband DON'T GIVE UP!!!

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CosmicCowboy

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Oh wow, that's encouraging to hear! Did your brother file for any benefits while he was waiting or did he just hold out until the decision came through? We're really struggling with bills while waiting.

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You might want to consider filing for reduced retirement benefits NOW while the disability claim is pending. If the disability is eventually approved, they'll adjust everything and pay the difference. But at least you'd have SOME income coming in during this long wait. After 50 years of work he deserves something!

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Javier Cruz

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This is called "simultaneous filing" and it can be a smart financial move in cases like this. Just be aware that if your husband files for reduced retirement benefits now while waiting for the SSDI decision, and then gets approved for disability, his ongoing benefit after FRA will still have that reduction factor applied to it. However, he would receive backpay for the difference between the reduced retirement and the full disability amount for all those months he was waiting. This is a complex calculation that depends on many factors including your financial need now versus maximizing long-term benefits. It might be worth consulting with a benefits specialist about your specific situation.

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Emma Wilson

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The disability system is a JOKE!!! My husband waited 28 months and then got denied for ridiculous reasons. We gave up and just took the reduced retirement. He had CANCER for crying out loud and they still said he could work!!! The whole system is designed to wear you down until you give up. Sorry but that's the TRUTH.

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Malik Thomas

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I'm sorry that happened to your husband. It's true that the initial denial rate is very high - around 65-70% of all first-time disability applications get denied. But the approval rates go up significantly at the hearing level with an Administrative Law Judge. The key is having proper medical documentation and, ideally, representation at the hearing. For the original poster: one option to consider is reaching out to SSA to check on the status of your husband's application. Getting through to them can be challenging though. I used a service called Claimyr (claimyr.com) to get through to an agent without waiting for hours. You can see how it works in this video: https://youtu.be/Z-BRbJw3puU - it really helped me get answers about my own disability claim status when I couldn't get through normally.

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NeonNebula

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have you hired a disability lawyer yet????? if not DO IT RIGHT NOW!!! they only get paid if you win and the fee is capped by law. my cousin was denied twice but won with a lawyer at the hearing. he got over $45000 backpay and the lawyer only got like $6000 of it. WORTH IT!!!

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CosmicCowboy

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We do have a disability lawyer, thankfully. They've been handling most of the paperwork, but they can't seem to speed up the process. Did your cousin's case go all the way to a hearing? How long did that take from initial application?

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NeonNebula

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yeah it went all the way to hearing, took like 22 months total I think? the hearing was quick, like 15 minutes, and then he got the approval 6 weeks later. but the lawyer knew EXACTLY what medical records to get and what questions the judge would ask. def keep your lawyer!!!

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Javier Cruz

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To directly answer your FRA question: If your husband's disability claim is approved after he reaches FRA, SSA will still pay all backpay at the disability rate (which is equal to his full retirement rate) from his established onset date through his FRA. Once he reaches FRA, his benefit automatically converts to retirement, but at the full non-reduced amount. One important note: If he chooses to take reduced retirement benefits while waiting and is later approved for disability, the disability benefits paid for the same period would be offset by the retirement benefits already received. He would receive the difference as backpay. However, after his FRA, his ongoing benefit amount would remain at the full retirement rate regardless of whether it's technically coming from the disability or retirement program. There's no "wrong" choice here - it depends on your current financial needs balanced against potentially maximizing benefits long-term.

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CosmicCowboy

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Thank you for explaining this so clearly. It's such a relief to understand that he won't permanently lose benefits by waiting. His full retirement amount would be about $3,450 monthly versus around $2,760 if he took early retirement now. That's a big difference for the rest of his life. Do you know if there's any way to get the SSA to expedite his case given how long we've been waiting?

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Malik Thomas

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Getting through to SSA to check status or request an expedite can be nearly impossible these days. I was in a similar situation with my disability claim and was getting desperate after months of waiting. I found a service called Claimyr (claimyr.com) that got me connected to an SSA agent in under 10 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through, I was able to request a critical need expedite based on financial hardship. You need documentation to back this up, but it can move things along faster. It's worth asking about since your husband has been waiting so long already.

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I used Claimyr too when I needed to fix an issue with my wife's survivors benefits! Saved me hours of waiting on hold and getting disconnected. Best $20 I ever spent.

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CosmicCowboy

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I'm going to check this out - we've been trying to get updates for months but keep getting disconnected. Did you have to provide specific documentation for the critical need expedite? We're definitely in financial hardship at this point.

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Oliver Schulz

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i just remembered somethin else important - if your husband takes early retirement now but then gets approved for disability later, his RETIREMENT benefit after he reaches FRA will STILL be reduced!!! the reduction doesnt go away!!! my brother almost made this mistake but luckily he waited

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Amina Diallo

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This is partially correct, but it depends on timing. If your husband files for reduced retirement now while waiting for disability, and then gets approved for disability before reaching FRA, when he converts to retirement at FRA, he will get his full unreduced retirement benefit. However, if he's not approved for disability until after FRA, then the early retirement reduction would continue to apply to his ongoing benefits. This is a subtle but critical distinction that affects long-term benefit calculations.

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CosmicCowboy

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Thank you all for the helpful information. I think we're going to continue waiting for the disability decision and not file for reduced retirement benefits yet. The potential long-term reduction isn't worth it if we can manage financially for a few more months. I'm going to try that Claimyr service to see if we can get through to someone about possibly expediting his case based on financial hardship. And we'll make sure our lawyer knows about the FRA timing issues so they can advise us properly. It's so frustrating that the system is this complicated and slow, especially for someone who worked and paid into it for 45+ years. But at least now I understand what happens with the timing better.

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