Social Security Disability -- how does this work?

A family member is ~5 years away from comfortably retiring but is having trouble performing his job duties on a daily basis. He does manual labor in a prestigious auto dealer's mechanic room -- same type of job for nearly 40 years. He is 60+ years old but would really like to wait until his full SS retirement age, of course, so he could draw more money from his social security.
He and his spouse met with a financial advisor last week and they're advising him to go out on disability now and then retire when he reaches his social security retirement age. Is this legal for him to do?
Should he look into it further?
TIA.

Re: Social Security Disability -- how does this work?

Check the SS website for information. If your family member truly is disabled, then of course it's legal to apply. But the SSA will have final say on whether or not they will be eligible to receive benefits. SSDI is not easy to get.
SSDI

Re: Social Security Disability -- how does this work?

Re: Social Security Disability -- how does this work?

Re: Social Security Disability -- how does this work?

Feel free to have the person give me a call. I have handled Social Security Disability cases for 18 years, first as an staff attorney and supervisory attorney for SSA and for the past 10 years in my own practice. I'm in the process of writing a book about applying for benefits.

The biggest obstacle for someone like him is the fact that a person has to stop working, apply for benefits and wait for a decision. There is no way to know whether you will be approved until after you have stopped working.

However, age is a favor in the disability determination. SSA does not expect a person who is 60 years old to learn a new job. The regulations acknowledge that the same medical issue will have a different effect at 60 as opposed to 25.

This person's work strong work history will help in a disability case because SSA will realize that he has never tried to play the system.

I believe that more people who retire at 62 (or at approx. 62) should try for the stepped up amount that disability would give them but many people have too much pride to apply. People who are in their late 50s to mid 60s with strong work histories and supportive documents from their doctors can win benefits.

I don't talk people into applying but I do try to provide as much information as possible to help the decision. If the person is able to apply on their own and wants to try to save on attorney fees, I try to just give some advice and then have them call me if the case is delayed or if they get denied. I get more recommendations from doing that for people than from anything else so it is worth my time to help someone who has questions. Good luck and let me know if you need anything.

Re: Social Security Disability -- how does this work?

Message edited 11/23/2011 2:05:25 AM.

Re: Social Security Disability -- how does this work?

You have gotten really good advice here! My husband at now 53 got SSD almost 2 years ago. He applied and was approved on his first try. He too had only done physical work in his lifetime which was taken into consideration. After two knee surgeries, he was no longer able to do this type of work and was considered disabled. There is, however, something called a "Ticket to Work" program with SSD to consider. They allow you for a period of time to work and earn some wages, maybe $700.00 a month - not sure, doing work that you are able to do, and it does not affect your disability status. They are in effect, encouraging you to try to work again in another field if you can for a while while keeping your benefits in place. Good luck.