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DisabilityCan I Still Get Disability Benefits If I Have A Pension?

October 24, 2022

Is it time to retire? Maybe. What if you’re disabled, too? Can you still qualify for Social Security disability? In this blog post, we take a closer look at getting disability benefits while also drawing a pension after many years in the workforce. 

But first things first: if you have a pension and you are interested in applying for disability benefits, contact the disability attorneys at Watson & Carroll, P.C., L.L.O.. We can help you maneuver the disability claims process and access monthly benefits. 

Social Security Disability Lawyer in Omaha and Council Bluffs 

Watson & Carroll, P.C., L.L.O.’s Social Security Disability team can help you secure benefits needed  to support yourself. Chellsie Weber, our wildly successful and experienced disability attorney, and Abby Reid, our wonderful and thorough disability paralegal, can offer support and advice as it pertains to your disability and the benefits approval process. Remember, you’re more likely to have a successful disability claim with an attorney by your side. Call us today at 402-991-2100. You also can share your story here

Your Pension Could Affect The Amount Of Your Disability Benefits

Although disability benefits will not affect your pension in most situations, your pension may affect the amount of monthly disability payments you receive. The impact of a pension on Social Security Disability (SSD) payments depends on the type of disability benefits you receive and the kind of retirement pension you have.

Disability Benefit Programs And A Pension’s Impact On Them

The Social Security Administration (SSA) oversees two kinds of disability benefits. These are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Each program has its own rules for qualifying and how benefits are determined.

SSI is a needs-based program, so your assets and income affect your monthly benefits. SSI is more likely to be affected by your pension than SSDI would be. If you receive SSI benefits, the amount you receive from your pension may decrease the amount you receive monthly in SSI payments. The SSA refers to this as an “offset,” because the SSA offsets the amount of disability pay based on income from other sources.

SSDI is not a needs-based program, but your benefits are based on your work history and credits. To qualify for SSDI, you must have worked in the past and paid into the Social Security system through payroll taxes. There are some situations in which pension contributions that you and your employer made were exempt from Social Security taxes, meaning no Social Security taxes were paid on pension contributions or on the earnings on which your pension contributions were based. These situations could affect your SSDI benefits. 

In a situation where you have a pension that is based on work earnings where Social Security taxes were not paid, your monthly pension payments are viewed differently by the SSA. You can still receive disability, but your monthly benefits may be offset by your pension payments. 

About Watson & Carroll 

Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is a medical malpractice case or advocating for disability benefits, we work to protect our clients and make sure their rights are upheld. 

Our firm can help. Call 402-991-2100 or email contact@watsoncarroll.com. You also can fill out our confidential contact form.

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