Navigating the process of filing for Social Security benefits can be confusing, especially when it comes to understanding the rules and timelines.
One important aspect to be aware of is what happens if you file your application after the first month you meet the requirements for benefits. This blog post aims to clarify the consequences of late filing, along with the exceptions and conditions that may apply.
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- Filing for disability benefits, old-age benefits, and survivors’ or dependents’ benefits
(a) If you file an application for disability benefits, widow’s or widower’s benefits based on disability, or spouse’s or child’s benefits based on the earnings record of a person entitled to disability benefits after the first month you could have been entitled to them, you may receive benefits for up to 12 months immediately before the month in which your application is filed.
(b) If you file an application for old-age benefits, widow’s or widower’s benefits not based on disability, spouse’s or child’s benefits based on the earnings record of a person not entitled to disability benefits, or mother’s, father’s, or parent’s benefits after the first month you could have been entitled to them, you may receive benefits for up to 6 months immediately before the month in which your application is filed.
- Age-related limitations on entitlement to benefits
If the payment of benefits for a month before the month you file would result in a reduction of your benefits because of your age, you cannot be entitled to old-age, spouse’s, widow’s, or widower’s benefits for any month before the month in which your application is filed, unless you meet one of the exceptions mentioned in the regulations.
- Exceptions to age-related limitations
The limitation on your entitlement to benefits for months before you file an application does not apply if:
(i) You are a disabled widow, widower, surviving divorced spouse, or surviving divorced husband who could be entitled to retroactive benefits for any month before age 60.
(ii) You are a widow, widower, or surviving divorced spouse of the insured person who died in the month before you applied and you were at least age 60 in the month of the death of the insured person on whose earnings record you are claiming benefits.
- Filing for lump-sum death payment
An application for a lump-sum death payment must be filed within 2 years after the death of the person on whose earnings record the claim is filed, with some exceptions for good cause and extensions provided by the Soldiers’ and Sailors’ Civil Relief Act of 1940.
- Filing for a period of disability
You must file an application for a period of disability while you are disabled or no later than 12 months after the month in which your period of disability ended. If you were unable to apply within the 12-month time period due to a physical or mental condition, you may apply not more than 36 months after your disability ended.
- Filing after death of person eligible for disability benefits or period of disability
If you file for disability benefits or a period of disability for another person who died before filing an application and you qualify to receive any benefits due to the deceased, you must file an application no later than the end of the third month following the month in which the disabled person died.
Example: Late Filing for Old-Age Benefits
John, a 64-year-old man, reached his full retirement age in December 2022. However, he decided to continue working and postponed applying for his Social Security old-age benefits. In June 2023, John finally decided to retire and apply for his benefits.
Since John filed his application for old-age benefits after the first month he could have been entitled to them, he may be eligible to receive benefits for up to 6 months immediately before the month in which his application was filed. However, because John is not yet at his full retirement age, his benefits may be reduced due to his age.
The age-related limitation prevents John from receiving old-age benefits for any month before June 2023, as he does not meet any of the exceptions mentioned in the regulations. Nevertheless, John will still be entitled to receive his old-age benefits starting from June 2023, albeit with a reduction due to his age.
Conclusion: Understanding the rules surrounding late filing for Social Security benefits can help you avoid missing out on important financial assistance. By being aware of the consequences of late filing and the exceptions that may apply, you can better plan for your future and ensure you receive the benefits to which you are entitled.
https://www.ssa.gov/OP_Home/cfr20/404/404-0621.htm
At Hugo Fierro & Michael Perez, we are a team of committed professionals who possess a comprehensive understanding of the intricacies associated with Social Security disability claims. We take great pride in utilizing our extensive knowledge and expertise to provide tailored guidance and support to our clients. Our proficient team is highly skilled in navigating the complex nuances of each case, guaranteeing that you receive unparalleled insights and individualized assistance that cater to your specific needs.