How Old Can I Be and Still Qualify for Disability?

This is an interesting question with a complex answer. It is best first to know how the social security system runs before we I go into detail about the regulations of Social Security Disability, or SSD. The Social Security Administration, or SSA, is a federally run administrative agency. This agency manages our society’s retirement system, disability program, along with Medicare health insurance. To qualify for retirement, you must simply meet the age criteria. For most Americans, the full retirement age is 66. This age may increase depending upon your date of birth but for right now it is 66. Similar to other private retirement programs, you can start receiving this money early, but at a reduced rate since you will be collecting those benefits for a longer period of time. The earliest you could start to receive retirement benefits is age 62.

In terms of health insurance, Medicare is a federally run health insurance program. This program is typically available for the elderly but is also made available for those who are found disabled. You are eligible for Medicare benefits at age 65. In terms of disability, you will be eligible for Medicare two years from the date you are eligible to start receiving disability benefits. This is not the date you are found disabled but the date you are eligible to receive your first check or payment effective date. For example, Mr. Smith was found disabled as of January 15, 2015. SSA imposes a five-month wait period before being eligible to receive benefits. Think of this is a processing fee from SSA. Five full months from January 15, 2015, would be July 2015. Therefore, you would receive your first monthly check as of July 2015. Now in terms of Medicare, that will go into play two years from when you received your first check, that dates being July 2017.

Now that we understand the retirement and Medicare program let’s discuss disability. SSD is available for those individuals who suffer from a physical or mental condition that prevents them from working. You are eligible to receive disability benefits up until your full retirement age. So for most people you qualify for benefits up until you turn age 66. However, this is not always the case. Sometimes you may be age 66 or higher when you apply for disability. This is because you would be applying for benefits you claim you should have received in the past. These SSD benefits would not be a monthly check going forward, your monthly check is your retirement check. One thing to note is that you are eligible to receive early retirement benefits at age 62 and also apply for the SSD program. As mentioned above, when you receive early retirement benefits you take them at a reduced rate. When you apply for SSD you are trying to get the difference between your early retirement rate and what your full retirement amount would be. This amount is typical $100-$200 more in your monthly check over the course of time. It doesn’t sound significant but it certainly adds up. The other benefit of applying for SSD while on early retirement is the possibility of obtaining Medicare benefits prior to age 65.

If all of this sounds very confusing that is because it is. What you should keep in mind is that you can file for SSD benefits even if you are at full retirement age. In those situations, I highly recommend obtaining an experienced social security disability attorney to guide you through the process.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.