My husband will be 64 this December and is a 30 year retired LEO; therefore, falls under WEP. He is 40% disabled veteran and gets a small monthly check. After LEO retirement (Oct 2013), he had lower back surgery probably as a result of his 30 years hauling around that heavy gun belt. Would it behoove him to apply for social security disability (he does have limited mobility due to his knees (VA) and metal in his back (LEO)? I understand SSI would be a higher payment than regular social security. I'm not trying to find a way rip off the government, but right now he is working a small part time minimum wage job that does keep him in bed most of the time on his days off because of the strain to his back and knees. (Side note: He has experienced congestive heart failure and is a Type II diabetic so I always worry about him getting over heated at work.) He is considering applying for social security after the first of the year and I wonder whether it would be feasible to attempt another disability status. If approved, he could quit his p/t job! Thank you for your input.

Hi,

I'm sorry to hear about your husband's health problems.

In order for your husband to potentially qualify for Social Security disability benefits (SSDI) he'd need to have at least 20 quarters of Social Security coverage (https://www.ssa.gov/OACT/COLA/QC.html) within the 10 year period leading up to the onset of his disability. Also, he probably couldn't qualify if he's currently working and earning more than $1180 per month.

I don't know if your husband could qualify for SSI (Supplemental Security Income) if he's receiving VA disability and working part time. SSI is a needs based program, so his other income could make him ineligible. He would also be required to file for his Social Security retirement benefits if he files for SSI. You might want to use the SSI screening tool on the following website to get a better idea of his potential eligibility: https://ssabest.benefits.gov/.

If your husband does meet the insured status and earnings limit requirements for SSDI, though, then it would probably be a good idea to file a claim and see if he qualifies. If he does, it would be like getting his full retirement age (FRA) Social Security benefits early since SSDI benefits are unreduced. If he files for Social Security retirement benefits before FRA instead, his benefit rate will be reduced for age. You and your husband may also want to consider using our maximization software to explore and compare all of your Social Security filing options in order to determine your best strategy.

Best, Jerry