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Will My Disability Benefits Change When I Turn 65?
Turning 65 years old has traditionally been associated with retirement and
enrollment in federal benefit programs. However, people with disabilities may
already be receiving federal benefits through Social Security, Medicaid, and
Medicare before they turn 65.
Disabled individuals who qualify for Social Security
Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) may
wonder what happens to their disability benefits when they reach retirement
age.
The short answer is that their benefits don’t end, and the
amount they received prior to turning 65 remains the same. But given the
complexity of the federal benefits system, there may be exceptions to these
general rules on a case-by-case basis that need to be discussed with a
disability attorney.
Age 65 and Full Retirement Age
For most of Social Security’s history, “full retirement
age,” or the age at which someone could receive the maximum amount of Social
Security retirement benefits based on their work history, was 65 years old.
Reforms to Social Security in the 1980s raised the
full-benefit retirement age to between 66 and 67 years old, depending on when
somebody was born. For anybody born in 1960 and later, full retirement age is
now 67.
When Does Social Security Disability Convert to Regular Social
Security?
The Social Security Administration (SSA) does not
permit a person to receive both disability and retirement benefits on one
earnings record at the same time.
For anyone receiving SSDI payments, their monthly
disability benefit automatically switches to Social Security retirement upon
reaching full retirement age. Again, this is age 66 or 67 for most people.
When this switch takes place, the monthly payment amount
stays the same.
How Long Do Social Security Disability Benefits Last?
SSDI lasts for as long as the recipient has a disabling
condition and is unable to work, or until they reach retirement age, at which
time the disability benefit converts to a retirement benefit.
Social Security performs a continuing disability review (CDR)
of SSDI recipients every three to seven years.
Turning 65 or reaching full retirement age does not trigger
this review. And once SSDI benefits change over to retirement benefits, there
is no need for a medical review, since a recipient doesn’t have to be disabled
to receive Social Security old age benefits.
SSI and Retirement Age
A person may qualify for SSI with a disability if they have
little or no income and resources and are age 64 and younger, or they have
little or no income or resources and are age 65 and older.
Qualifying for SSI does not require a work history the way
that SSDI does. So, someone can qualify for SSI without ever having worked. But
because the SSI benefit payment is not tied to a work history, SSI benefits do
not convert to retirement benefits upon reaching full retirement age.
If someone’s receiving SSI for a disability, their benefits
can continue after they reach retirement age as long as they still meet the
program’s financial requirements.
Disabled SSI recipients are subject to a CDR at
least once every three years, or every five to seven years. During the CDR, the
SSA also reviews a recipient’s income and resources to ensure they are still
eligible for and receiving the correct SSI benefit amount.
Disability, Medicare, and Turning 65
Medicare eligibility ordinarily begins at age 65. But
people under age 65 who’ve gotten SSDI benefits for at least 24 months can
start receiving Medicare.
SSDI recipients automatically get Medicaid Part A and
Part B, collectively known as “Original Medicare,” after receiving their 25th
month of benefits. They can choose at that time to decline or keep Part B,
which covers services from doctors and other health care providers. They must
typically keep Part A, the portion covering inpatient hospital care.
When individuals with qualifying disabilities turn 65 and
gain age-based Medicare eligibility, they don’t have to re-enroll or complete
additional paperwork to continue receiving health care benefits.
Turning 65, though, amounts to a secondary initial
enrollment period. This could be a good time to re-evaluate current Medicare
coverages and make changes.
For example, a disabled Medicare recipient may have
declined Part B coverage when they first enrolled but decide to keep this
coverage when they enroll again at age 65. They can also choose to enroll in
another Medicare program, such as Part C or D.
Disability, Medicaid, and Turning 65
Medicaid is government health care for people with limited
income, including those with disabilities.
In many states, SSI recipients automatically qualify for
Medicaid. Medicaid eligibility that’s based on receiving SSI should not be
impacted by turning 65, but there could be considerations related to special
needs trust funding at age 65.
Medicaid covers some costs that Medicare does not, such as
long-term care. Special needs trusts can help to preserve a beneficiary’s
access to benefits like SSI and Medicaid. But the window of time to fund a
first-party special needs trust closes at age 65.
Some people are also eligible for both Medicaid and
Medicare. They may be able to enroll in a Dual Eligible Special Needs
Plan, a type of managed care plan that helps to coordinate coverage for those
with complex medical needs.
Work With a Professional
SSDI, SSI, Medicare, and Medicaid all have complex rules
that may vary by state. Whether you’re turning 65 or reaching retirement
age, contact Ashley Day at 251-277-3377. She can provide answers and assist
with any necessary paperwork.
1. How Do Seniors Pay for Long-Term Care?Seniors pay for long-term care through personal savings and income, long-term care insurance, Medicaid, Veterans benefits, home equity, and family support. Medicare does not cover most long-term custodial care, so planning early matters.Common Ways to Pay Personal savings and income: Retirement accounts, pensions, Social Security, and investments. This is the most common source of payment. Long-term care insurance: Policies that reimburse care costs after a waiting period. Medicaid: A joint federal and state program for people with limited income and assets. Veterans benefits: Programs such as Aid and Attendance for eligible veterans and surviving spouses. Home equity: Selling the home, renting it out, or using a reverse mortgage. Life insurance and annuities: Some policies can be converted, sold, or paired with long-term care riders. Family contributions: Informal care or shared costs, ideally documented in a care agreement. Why Planning Early HelpsInsurance is cheaper and easier to qualify for in your 50s and early 60s. Medicaid planning also involves a five-year look-back on asset transfers in most states, so last-minute moves can trigger penalties. 2. What Does Medicare Cover for Senior Care?Medicare covers short-term skilled nursing after a qualifying hospital stay, part-time home health care, hospice, and medically necessary services. It does not cover long-term custodial care such as help with bathing, dressing, or assisted living room and board.What Medicare Covers Skilled nursing facility care: Up to 100 days per benefit period after a qualifying hospital stay of at least three days. Days 1 to 20 are fully covered; days 21 to 100 require a daily copayment. Home health care: Part-time skilled nursing and therapy for people who are homebound and under a doctor's care. Hospice: Comfort-focused care for those with a terminal illness and a life expectancy of six months or less. Medical equipment: Items such as walkers and hospital beds when medically necessary. What Medicare Does Not Cover Long-term custodial care in a nursing home Assisted living costs Non-medical, ongoing home care such as housekeeping and personal care Most adult day care Medicare Advantage PlansSome Medicare Advantage (Part C) plans add limited benefits such as meal delivery, transportation, or in-home support. Coverage varies by plan, so review the details. 3. Does Medicaid Cover Assisted Living or Home Care?Medicaid covers nursing home care in every state, and many states also help pay for home care and some assisted living services through waiver programs. It usually does not pay for room and board in assisted living, and availability varies by state.How Medicaid Helps Nursing homes: Covered nationwide for eligible individuals. Home and community-based services (HCBS) waivers: Help with personal care, adult day services, and in some states assisted living services. State plan personal care: Some states offer in-home help through regular Medicaid. Assisted Living and Room and BoardEven when a state covers assisted living services, residents typically pay for room and board from their own income. Waiver slots can be limited, and waiting lists are common. 4. What Is Long-Term Care Insurance, and Is It Worth It?Long-term care insurance pays for services like home care, assisted living, and nursing homes once you cannot perform certain daily activities or have cognitive impairment. It can be worth it for people with moderate assets who want to protect savings, but premiums can be high and may rise.How It Works Benefit trigger: Typically needing help with two or more activities of daily living, or having cognitive impairment. Daily or monthly benefit: The maximum the policy pays. Benefit period: How long payments last, such as two to five years. Elimination period: A waiting period, often 30 to 90 days, before benefits begin. Inflation protection: An option that helps benefits keep pace with rising care costs. Traditional vs. Hybrid PoliciesTraditional policies are stand-alone and pay only for care, and premiums can increase. Hybrid policies combine life insurance or an annuity with a long-term care benefit, often with fixed premiums and a death benefit if care is never needed. 5. How Much Should I Budget Monthly for Senior Care?Monthly senior care costs vary widely by location and level of care. As a rough guide, home care can run a few thousand dollars, assisted living about $5,000 or more, and nursing home care $9,000 to $11,000 or more. Always get local quotes.Typical Monthly Cost Ranges (U.S., Approximate) Type of care Rough monthly cost Adult day program $1,500 to $2,500 Home health aide or homemaker (44 hours a week) $5,000 to $6,500 Assisted living $5,000 to $6,000 Memory care $6,000 to $8,000 or more Nursing home (semi-private to private) $9,000 to $11,000 Figures are approximate and drawn from industry cost surveys; local prices can differ significantly.How to Build Your Budget Assess care needs: Ask a doctor or care manager what level of help is required. Get local quotes: Call several providers and ask exactly what is included. List all income: Social Security, pensions, retirement withdrawals, and benefits. Add hidden costs: Medications, supplies, transportation, entrance or community fees, and annual rate increases. Plan for increases: Care needs and prices tend to rise over time. Build a cushion: Set aside an emergency fund for unexpected changes. 6. Are There Financial Assistance Programs Available?Yes. Seniors may qualify for Medicaid, PACE, Veterans benefits, Medicare Savings Programs, SSI, food and energy assistance, and local Area Agency on Aging services. Eligibility depends on income, assets, location, and care needs.Programs to Explore Medicaid: Covers long-term care for those who meet income and asset rules. PACE (Program of All-Inclusive Care for the Elderly): Combines medical care and support services for eligible adults who qualify for nursing home level care and live in a service area. VA Aid and Attendance: An added monthly benefit for eligible veterans and surviving spouses who need help with daily activities. Medicare Savings Programs: Help pay Medicare premiums and sometimes cost-sharing. Supplemental Security Income (SSI): Monthly payments for people with very limited income and resources. SNAP and LIHEAP: Help with food and home energy bills. Area Agencies on Aging: Local meals, transportation, respite, and caregiver support. National Family Caregiver Support Program: Counseling, training, and respite for family caregivers. Application Tips Gather ID, income statements, bank records, and medical documentation. Apply to several programs at once. Ask about waiting lists and re-apply or follow up regularly. Disclaimer: This content is for educational purposes and is not legal or financial advice. Consult an elder law attorney, financial planner, or benefits counselor about your situation.
As you amass assets during the course of a lifetime, its easy to forget about how much you have and what its worth. Art in the attic, classic cars in storage, retirement accounts across multiple employers: if youre not aware of it all, your portfolio can lose value quickly. A financial advisor who offers assets under management services does so to protect your portfolio from the inevitable changes that your assets can undergo over time.Assets Under Management Strategies in Lancaster, Pa.The first asset you acquire in life, whether its a beatup car or a few shares of a brandnew company, is usually a gamechanging event. Its the first step on what is hopefully a journey toward a lucrative portfolio. Leveraging your assets to build your wealth is more than just financial jargon, its a path that can increase your wealth over time, so you can accomplish everything on your list.A financial advisor at a boutique retirement firm can take the time to get to know who you are and how you invest. At Bodnar Financial Group, Len Bodnar, RICP (R), is there to help his clients get a handle on their assets, so he can help you strategize them for better margins.For instance, a failing asset may need to be either sold or converted, depending on details behind the investment. A middlerange asset may need to be adjusted to optimize its performance. Finally, your strongest assets may need to be carefully watched, so a financial advisor can capitalize during the best of times and protect your wealth if and when it bottoms out.Theres a lot to be said for how assets change while you own them, and its not always easy to know when to cut and run from a property or when to stick with it. If you dont have the time or the inclination to spend on managing it all, the right financial advisor can help mitigate the stress. Its just one less thing to worry about as you get closer to your last day on the job.
Most people think that theyre managing their taxes as well as they can, regardless of whether they opt for the standard deduction, hire a CPA every year, or painstakingly comb through every line item. The reality is that no matter how you file, youre likely missing a few opportunities. When it comes to efficient tax management, its more than knowing every nuance of the local, state, and federal tax codes. Why Efficient Tax Planning is Critical in Lancaster, Pa Efficient tax management is a financial concept that shines a light on your portfolio in relationship to your larger retirement goals. A financial advisor will be able to see your taxes from every angle, which can help them make more lucrative decisions for your longterm future. For instance, if your capital gain taxes for next year are going to eat into your investment opportunities, your advisor may recommend deferring the taxes so you can maximize your returns. Even though you will have to pay the taxes at some point, the overall margins will be improved by the financial advisors plans. A financial advisor at a boutique retirement firm doesnt just know your investment strategies. In other words, theyre aware of more than just your personal relationship with risk and if you prefer to invest in the market or in real estate. At Bodnar Financial Group, you get to work with an expert who takes the time to find smarter strategies for you. When so much of your income goes to taxes, you have to ask yourself when you can use the tax codes to your advantage. The right professional can make a major difference to your bottom line, and this is true no matter how you envision yourself spending your golden years. Even those who have little more than a few modest demands for themselves may find that they want to support a specific charity or fund their grandchildrens college years. At Bodnar, you get all the guidance you need to achieve your goals.
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.