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Video Blog – Sequential Eval Process – Step 5 – Retirement Age

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Natalia Jofre:Welcome to the Hill & Ponton Social Security Disability blog. I’m Natalia Jofre. I’m the Director for the Social Security Section here at Hill & Ponton.
Shelly Mark:I’m Shelly Mark. I’m the Senior Social Security Attorney here.
Natalia Jofre:So last few blogs, we’ve been talking about age, there are categories, the fact that depending on how old you are, how social security’s going to evaluate your claim. I mean, it is a huge determining factor. So we talked about the different categories, which were younger individual, 18 to 49, closely approaching advanced age, which is 50 to 54. Then we talked about advanced age, which is 55 to 59. And then that bring us to closely approaching retirement age, which is 60 to 64ish, because technically speaking, now the retiring age continues to go up.
Shelly Mark:Right.
Natalia Jofre:But the categories currently are still the same. So technically speaking, generally speaking, normally. The older you are the easier it is to get disability benefits. Or, at least it’s supposed to be.
Shelly Mark:Correct.
Natalia Jofre:Or, that’s the way it was for a very long time.
Shelly Mark:Right.
Natalia Jofre:Now we’re seeing some nuances here, with people that are 60 and older.
Shelly Mark:Right.
Natalia Jofre:So would you still say that if you’re 60 before age 62. So 60 to 62 still have much better chances of being approved?
Shelly Mark:I think so. I mean, I think that it does vary. It’s definitely going to depend on the judge that you’re before. I think what we’re seeing happening is, when individuals are 62, especially sometimes in situations where they’ve already drawn off their early retirement, there is a little bit of a tendency amongst some judges to deny those claims. I believe the rationale there would be that they’re assuming that this person has stopped working for retirement reasons rather than disability. However, like you just said. If you filed your claim at 60, and you’re still waiting for a hearing, and you had to get your early retirement for survival, I think that’s a little bit-
Natalia Jofre:Right.
Shelly Mark:That’s a different story.
Natalia Jofre:Right.
Shelly Mark:If you waited until you were 62, took your early retirement and then decided to file disability at the same time, then I think you have a more difficult argument to make. Was it based on the fact that you wanted to retire? Or, was it based on the fact that you had a disability? So I would encourage anyone that’s in their upper-50’s or 61ish, 62, if you’re in that age group, you definitely want to go ahead and file your disability claim. Don’t wait. It will be easier to prove the claim if you get the claim in before you’re 62.
Natalia Jofre:Yeah. And I think that part of what you said, I mean, a lot of people that file for early retirement, are filing for early retirement out of sheer need.
Shelly Mark:Right.
Natalia Jofre:I mean, they really are disabled, and they’ve been trying to hold on, and probably their job has been making some modification for them, so that they can get to age 62. And basically, by the time that he turned 62, it’s like they’ve crossed that finish line like, “Oh, I’ve finally made it, but it’s been really difficult.” And they’re filing for early retirement because they really can’t work anymore because of their disabilities, and they need some sort of income to basically support themselves, and they can’t hold out until they’re 65, or 66, 67, whatever their normal retirement age is.
Shelly Mark:The early retirement is a blessing for people in situations like that. And just because they have a claim pending and they have to draw off their early retirement, by no means does that mean disability will not be approved. It definitely can still be approved. And it’s super important to have it approved because you will be entitled to Medicare after a waiting period. If you simply go on early retirement, you’re going to have a little bit of income coming in, but you’re not going to get your Medicare then.
Natalia Jofre:Until age 65.
Shelly Mark:That’s correct.
Natalia Jofre:So that’s a huge, huge point. Whereas, to with … Once you’ve proven disabled, you can get it within two years. But, one of the things that you said was, why are you going on early retirement? And I think that the reason some people are having issues now, is because the judges are saying, “Well, are you basically just claiming disability because you don’t really want to work anymore?”
Shelly Mark:Right.
Natalia Jofre:So that’s the distinction. That’s what they’re trying to figure out. Are you not working anymore because you don’t really want to work anymore? Because you want to play golf a little bit more?
Shelly Mark:Right.
Natalia Jofre:Because you want to shop a little bit more? Or, are you filing for early retirement because you can’t work anymore, and now this is going to be basically your source of income?
Shelly Mark:Right.
Natalia Jofre:Lots of reasons, and I mean, that is a whole another video regarding early retirement, what happens, filing for disability and early retirement at the same time. So we could talk about that in a next video blog.
Shelly Mark:Absolutely. My just word of advice on in that age group, would just be go ahead and file.
Natalia Jofre:Yeah.
Shelly Mark:Don’t put off filing. If you feel like you’re disabled and you can’t work anymore, then you definitely want to go ahead and file the disability claim.
Natalia Jofre:Yeah, that’s really good. All right. Well, thanks for being with us. If you have any questions, feel free to visit our website or call our office. Otherwise, we’ll see you next time.
Shelly Mark:Thank you.
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Shelly Mark, Senior Attorney

Current Employment Position:SMC3 150x200 Senior Attorney, Hill & Ponton, P.A.Prior Employment: Community Legal Services of Mid-Florida, Inc.Area of Practice: Social Security LawBar Admissions: Florida BarBar Association Memberships: Florida Bar Association Orange County Bar Association Volusia County Bar AssociationEducation: Florida State University , B.S. Dwayne O. Andreas School of Law – Barry University, J.D. Equal Justice Works Fellow (2009-2011)Memberships: National Organization of Veteran Advocates Volusia/Flagler Women Lawyer’s Association Volusia/Flagler County Coalition for the Homeless – SecretaryBook Awards: Administrative Law Problem Solving & NegotiatingPersonal Note: Shelly was born in Pensacola, Florida. After graduating from Florida State University, she worked for an HIV-AIDS non-profit organization in Tallahassee assisting individuals suffering from HIV – AIDS with obtaining medical treatment, healthcare insurance, mental and substance abuse counseling, and housing.Shelly was granted an Equal Justice Works Fellowship, from 2009 to 2011, to assist homeless and low income veterans in Central Florida with VA disability claims.Shelly is a member and serves as Secretary of the Volusia/Flagler County Coalition for the Homeless. Through the coalition, she worked with Volusia County Judges, faith based community, and non-profit organizations to assist in establishing the SAVE (Sentencing Alternatives for Volusia Enforcement) Docket. The docket provides sentencing alternatives for homeless individuals issued Notices to Appear for minor offenses, such as sleeping in public and public intoxication.Shelly also volunteers with and serves as Legal advisor to IDignity DeLand. IDignity DeLand is a non-profit organization that assists low income and homeless individuals with obtaining identification or other required documentation at no cost.Shelly lives in Deltona and enjoys spending time with friends and family.

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