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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I have had six back surgeries and can no longer work. I had

Customer Question

I have had six back surgeries and can no longer work. I had to retire from my job before I was at the maximum SS age. I was 64 when I retired and now I am 67. I have been told that since my condition prevented me from doing any future employment I should apply for disability. Can I still file for disability?
Submitted: 9 months ago.
Category: Social Security
Expert:  LawTalk replied 9 months ago.

Good morning Ann,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

In order to be eligible to apply for social security disability, you not only have to be disabled, but as of the date of your application you must be age 66 or greater. Disability is only payable to people who are under full retirement age. So, while perhaps you would have qualified for social security disability at 64----and I say perhaps because if you have had a couple or more of your back surgeries since then you may not have qualified for disability back then----after you reached 66, you were limited to applying for a retirement benefit, or possibly a survivor benefit from social security, depending on your circumstances.

I'm sorry but it is too late for you to consider filing for social security disability at this late date.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 9 months ago.

Good morning Ann,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,