Pensions and Disability Benefits: Can I Get Them Both?

pension

At Summit Disability Law Group, our attorneys help disabled individuals determine whether they are eligible for Social Security benefits. Eligibility for Social Security Disability Insurance (SSDI) is based on previous work experience. Because of this, our clients often ask us about the relationship between their past jobs and possible benefits. These questions often focus on pensions. Some disability claimants may be receiving work pensions. In some cases, this can affect their eligibility for SSDI. In this post, we will outline the relationship between pensions and disability benefits.

Pensions and Disability Benefits: When Am I Affected?

It is possible that a work pension can affect the amount of disability benefits you receive. The Social Security Administration has a rule called the “Windfall Elimination Provision,” which addresses this issue. According to this provision, your benefits can be reduced if:

  • “You earn a pension from an employer who didn’t withhold Social Security taxes”

Fortunately, there are few employers who fall under this category. Most employers are required by law to withhold these taxes. However, there are some exceptions. If you worked for the government or an international company, your employer may not have withheld Social Security taxes.

  • AND “you qualify for Social Security disability benefits from work in other jobs for which you did pay taxes”

You must have worked in jobs covered by Social Security to be eligible for disability benefits. If you receive a pension from a job such as those described in the first point AND worked another job covered by Social Security, then your possible disability benefits may be affected.

If you are worried that your job history and pension may affect your disability benefits, please contact us today. Our attorneys can review your case and help you find out how to approach your claim.

Help for Your Disability Claim

We are committed to helping disability claimants build strong cases. This includes identifying and answering the many questions that come up during a claim. We even wrote a book to help people answer questions about their cases. You can order a free copy of  The Utah Social Security Disability Handbook today.

We also offer free initial consultations, so that you can discuss your questions with us in person. If you are interested in speaking with a disability law expert about your case, please contact us today. We look forward to helping you get the benefits you deserve.

Image “Definition of Pension” copyright by NY Photographic