Is It Possible to Collect SSDI and Retirement Social Security Benefits?

Q: Once you reach retirement age, do you get social security benefits from both the social security retirement program and the disability program?

A: No, you cannot receive both retirement and disability payments. Once you reach full retirement age, you will collect only payments from the retirement program. The amount you receive in social security benefits, however, will remain the same. The conversion will happen without the need to apply for anything.

Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?

A: Social Security regularly reviews all disability cases that receive benefits. The reviews are conducted every several years. The claims representatives may be a bit behind, depending upon the number of cases he has to review, which can push the schedule a bit. For that reason, you come across claimants who are surprised to have their cases under review for the first time after years and years. Do not be concerned if your case is currently under review. The reviews are normal. It is not an indication that your social security benefits will be discontinued. The reviews are conducted to make sure your claims representative has all the current data about your injury, treatment and ability to work. The majority of social security benefits claims that are reviewed are awarded continuing benefits. For benefits to be discontinued, medical evidence must prove that the injury has improved enough to allow the claimant to return to work above a sustainable level. It is possible that the case examiner will ask that you undergo a medical examination, if you have not been treated by a physician in quite a while. A request for a medical exam should not cause you any worry. It is done to simply make sure your file contains the most up to date information.

Q: If you are not awarded disability benefits, how do you pay the lawyer that represented your case?

A: A social security disability attorney is paid from your awarded benefits. SSA sets the guidelines for attorney fees. One quarter of the amount you receive in backpay will be paid to your attorney. Even if you are awarded years and years worth of retroactive benefits, the maximum amount your attorney can receive is a little over $5000. If your claim is denied benefits, your attorney does not receive a payment.