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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13507
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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A relative of mine worked years straight, paying social

Customer Question

a relative of mine worked for 19 years straight, paying social security benefits all the way through, but, due to illness, he has worked on and off for the past 15 years, without paying social security. Can he still qualify for benefits at age 62?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, he can file for a benefit (retirement) at 62, if he has earned 40 quarterly credits. 4 credits are earnable per year, and if he worked more than 10 years in a reasonably gainful manner, he should be "insured" for SS retirement benefits. Because he didn't pay on the last many years of his work (presumably didn't even file returns) he will not get the larger benefit he'd get if he'd paid more for that higher benefit, but he should get something for retirement, based on the 10+ years (40+ credits) that he did earn and pay for.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Note that is he takes at 62, his benefit amount will be further reduced for NOT waiting til his full retirement age. That means whatever his primary insurance amount is, it will be reduced by up to 32%. But if he waits til his FRA (66-67) it will be the "full" amount. And if he waits til age 70, it will be 32% higher than the "full" amount, and 80% higher than the age-62 amount.

Note also that taking a benefit before FRA means he is subject to the earnings limit that applies to 'early' retirees.

Also, if he continues to work and pays SS tax on at least $5000+ (approx) per year, it will raise his benefit amount because there will be less zeros averaged in to his top 35 years of income, which drag down his benefit amount considerably.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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Expert:  Stephanie O Joy, Esq replied 1 year ago.


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