Hi Larry. My mom was a teacher for the State of Ohio for the past 13 years. Prior to that, she paid into Social Security through jobs she worked her entire adult life. But during her last 13 years of work, she paid into the Ohio pension system, not SS. About nine months ago (she was then 64), she was hospitalized and we began to understand that she has early-onset dementia, a diagnosis that took months of testing to verify. She can't work and we've had to move her into assisted living. The decline has been rapid, and we're still trying to get her benefits. Ohio is reviewing her application for disability retirement, which could give her a higher benefit for a few years and put off her need to officially retire and tap into her (small) pension. Social Security denied her for disability benefits because she most recently worked for Ohio, therefore not paying into Social Security for the past 13 years. I wasn't sure if I should appeal, or if there's any point to it. She's clearly disabled and paid into SS for decades, but she may not have much time left and her care is expensive. She has no savings, no assets. Hiring a lawyer to fight for SS disability benefits, I'm not sure if it's worth it. At the same time, she's clearly disabled and it seems to me that she shouldn't be penalized financially for teaching in Ohio during the end of her career. She turned 65 in March and I wonder if it's best to get her regular SS benefits instead of holding out for disability. Any advice? Thank you.

Hi,

I'm sorry to hear about your mother's diagnosis.

It doesn't sound like there is any way that your mother would qualify for Social Security disability benefits (SSDI). In order to qualify for SSDI, a person must have 20 quarters of coverage, or the equivalent of 5 years of Social Security covered work, within the 40 quarter (i.e. 10 year) period ending with the onset of the person's disability (https://www.ssa.gov/OACT/ProgData/insured.html).

Your mother could file for her retirement benefits now, but they will be reduced for age if she starts drawing them prior to age 66. Plus, the Windfall Elimination Provision (WEP) will likely further reduce her benefit rate whenever she begins receiving her teacher's pension (https://www.ssa.gov/pubs/EN-05-10045.pdf).

You don't mention whether or not your mother could potentially qualify for spousal, divorced spousal or survivor benefits, but she may have other options. You may want to consider using the maximization software available on this website in order to explore all of your mother's filing options and determine her best strategy.

Best, Jerry