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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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If you are drawing SSDI and have turned 55and 1/2 and have a

Customer Question

If you are drawing SSDI and have turned 55and 1/2 and have a retirement account thru a former employer (privately owned) (not401K), and elected to begin drawing from this retirement account, would this effect the SSDI amount you are drawing currently?
If you began drawing from for 401K would this effect the SSDI amount?
Submitted: 8 months ago.
Category: Social Security
Expert:  LawTalk replied 8 months ago.

Good afternoon,

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 and I handle social security legal issues.

The receipt of retirement funds earned while you were working is deemed passive income, not income from work at the same time that you are collecting SSDI benefits and so you are free to collect any retirement benefit that you might have available and your SSDI benefit will not be decreased or terminated based on the receipt of previously earned pension benefits.

Only income actually gained through work while you are receiving SSDI benefits is going to effect your benefit. Interest income, income from rental housing or other investments and the receipt of pension funds are all considered passive income and do not effect your continuing eligibility or SSDI benefits---regardless of your age.

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,