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I have CP and as a child received social security benefits.

Customer Question
I was able to work...
I have CP and as a child received social security benefits. I was able to work in the IT Dept at a college for over 30 years but my limitations are more difficult as a 57 year old so can I retire from my PERS position and also receive social security disability benefits that would help support me with more home helth support?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?
Customer: I want to retire in February 2018
Submitted: 1 month ago.Category: Social Security
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Answered in 3 hours by:
10/20/2017
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 1 month ago
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12,855
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

HI, MY NAME’S LANE - I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

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Two issues exist here. First, you'd need to qualify as disabled, and part of SOCIAL SECURITY's definition is exactly your issue ... that you CANNot work because of the condition. This COULD be difficult, however, as they may point to the fact that you're retiring voluntarily (as opposed to qualifying under a disability retirement program).

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Your case will turn on showing, possibly through a Residual Function Capacity test (RFC), that your disability now keeps you from being able to work.

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You can an excellent article about the RFC test here:

https://www.disabilitysecrets.com/rfc-win.html

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The other issue is that there is a provision in Social Security law that can reduce Social Security benefits when you are receiving a pension from a pension like PERS, where the employment didn't contribute to Social Securty.

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According to the SSA, its Windfall Elimination Provision (WEP) applies to people whose employers did not deduct Social Security taxes from their employment wages but which are now paying out pensions to their former employees.

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The SSA may also apply the provision if a person was disabled after 1985 and he or she started receiving a pension without ever paying Social Security taxes.

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If you DO have some years under Social Security - and you can get through the Social Security disability claims process - then you MAY be able to get a reduced Social Security benefit.

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As you can see here, SSA never reduces the Social Security benefit by more than 1/2 of your non-covered (non-SSA) pension.

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https://www.ssa.gov/planners/retire/wep-chart.html

Ask Your Own Social Security Question
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 1 month ago

Finally, your having received Social Security as a disabled child would not be relevant here.

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Please let me know if you have ANY questions at all

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit" – That’s the only way I’ll be credited for the work.

I hope you'll rate me based on thoroughness and accuracy, rather than any good news/bad news content.

...

But if you need more on this, please let me know.

Lane

Ask Your Own Social Security Question
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 28 days ago

Hi, Lane here again.

...

I’m just checking back in to see how things are going.

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Did my answer help?

...

Please let me know if you have ANY questions at all

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit" – That’s the only way I’ll be credited for the work

Ask Your Own Social Security Question
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Lane
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12,855
12,855 Satisfied Customers
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986

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