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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have a disabled son, age 36 who is on social security

Customer Question

I have a disabled son, age 36 who is on social security benefit since before age 22. I believe he will be able to increase the amount he gets on my record, when I start to draw. Right now I'm thinking of starting to early draw at age 62 and have applied and also have upcoming appt for my son. I have pension 22,000, still plan to work about 15000 and my benefit amount 1300 per month. Couple questions, can I draw a lesser amount than 1300 per month, would my son be able to claimbon mine if I do, and how will the whole amount of monies I get if I remain working affect his ability to claim on my record. Secondly, if he gets to draw is there anyway to have a ballpark idea of how much he would get. Right now he get about 700 per month.
Submitted: 12 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 12 months ago.

Good evening,

"I have a disabled son, age 36 who is on social security benefit since before age 22. ------- Whose record is he collecting Social Security on? His own (if he worked), or a parent?

Customer: replied 12 months ago.
His own
Customer: replied 12 months ago.
I did not enter my email, soon expecting a response thru chat mode, will that be the case
Expert:  Stephanie O Joy, Esq replied 12 months ago.

Thank you. With regard to your post:

"I have a disabled son, age 36 who is on social security benefit since before age 22. ------ OK, earned on his own limited ability to work.... (or before he became medically impaired)

"I believe he will be able to increase the amount he gets on my record, when I start to draw. ---- Excellent!

"Right now I'm thinking of starting to early draw at age 62 and have applied --------- Remember that your 30% reduction in YOUR amount is permanent.....

"and also have upcoming appt for my son. I have pension 22,000, still plan to work about 15000 and my benefit amount 1300 per month. ------- Make sure to consider your budget when the $15000 in working income is gone. If you know you can pay your bills later, without it, that 30% cut is not necessarily a deal breaker.

"Couple questions, can I draw a lesser amount than 1300 per month, ------- You can not take a partial benefit of what you are eligible for..... If 1300 is your age 62 reduced amount, you can't take a partial...

"would my son be able to claimbon mine if I do, ------ No, he doesn't claim yours, but he claims a "DAC" benefit - disabled adult child benefit, BASED on your record, but it doesn't reduce yours at all.

"and how will the whole amount of monies I get if I remain working affect his ability to claim on my record. ------ It will only effect it IF you exceed your early retirement earnings limit ($15720 in 2015) and benefits have to be sent back....But if neither you nor he earn more than the earnings limit, no related reduction/pay back.

"Secondly, if he gets to draw is there anyway to have a ballpark idea of how much he would get. Right now he get about 700 per month. ---------Typically, he can get up to 50% of your primary insurance amount. So if your 1300 is your age 62 amount, and your PIA is 1850, he could get up to 925. But if 1300 is your PIA, he will not do better taking a DAC benefit instead of his own. Note that if he survives you, he can get 75% of your PIA, subject, as always to a family maximum (which means if other people are also collecting on your work record).

Expert:  Stephanie O Joy, Esq replied 12 months ago.

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Expert:  Stephanie O Joy, Esq replied 12 months ago.

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