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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.
Downsizing or Selling Your Home in Retirement: Tax Implications to KnowSelling the family home is one of the biggest financial decisions many people make in retirement whether you're downsizing something smaller, moving closer to family, or relocating somewhere warmer. Before you list the house, it's worth understanding how the sale could affect your taxes.The Good News: Most Home Sellers Owe Little or No TaxUnder federal tax law, homeowners can exclude a significant amount of profit from capital gains tax when they sell a primary residence: Up to $250,000 in gain excluded for single filers Up to $500,000 in gain excluded for married couples filing jointly These limits have stayed the same since 1997 they aren't adjusted for inflation but for most sellers, especially those who haven't owned an especially high-value home for decades, they're enough to eliminate the tax bill entirely.Do You Qualify for the Full Exclusion?To claim the exclusion, you generally need to pass two tests: Ownership test: You owned the home for at least 2 years during the 5-year period before the sale. Use test: You lived in the home as your primary residence for at least 2 years during that same 5-year period. For married couples claiming the full $500,000 exclusion, both spouses need to meet the use test, though only one spouse needs to meet the ownership test. If only one spouse meets the use test, the exclusion drops to $250,000.If you don't fully meet the two-year requirements but had to sell due to a job change, health issue, divorce, or similar unforeseen circumstance, you may still qualify for a partial exclusion.How Your Gain Is Actually CalculatedThis is where record-keeping pays off. Your taxable gain isn't your sale price it's your sale price minus your cost basis, which includes: What you originally paid for the home The cost of qualifying capital improvements over the years (a new roof, an addition, major renovations not routine repairs or maintenance) Selling costs, such as agent commissions Every dollar documented improvement raises your basis and lowers your taxable gain. If you've owned your home for decades, digging up old receipts and records for major projects can make a meaningful difference sometimes the difference between owing tax and owing nothing at all.What Happens If Your Gain Exceeds the ExclusionIf your profit is larger than your exclusion amount, the excess is taxed as a long-term capital gain (assuming you owned the home more than a year), generally at 0%, 15%, or 20% depending on your overall taxable income. For higher-income sellers, an additional 3.8% Net Investment Income Tax may also apply above certain income thresholds. This is more common than it used to be for retirees who've owned a home for many years in an area where property values have risen substantially.A Few Other Situations Worth Knowing Home office deductions: If you claimed depreciation on a home office in past years, that portion is generally "recaptured" and taxed differently when you sell, separate from the main exclusion. Selling a second home or rental property: The primary residence exclusion generally doesn't apply to vacation homes or rental properties. Different rules, including possible depreciation recapture, come into play. Inherited homes: If you're selling a home you inherited, the property typically receives a stepped-up basis to its fair market value at the time of the original owner's death which can significantly reduce or eliminate taxable gain compared to using the original purchase price. Using the exclusion more than once: The exclusion isn't a one-time benefit. You can generally use it again for a future home sale, as long as you meet the ownership and use tests again and haven't claimed it on another sale within the prior two years. Why Planning Ahead MattersThe tax side of selling a home is often simpler than people expect, especially with the exclusion in play but assumptions can be costly in either direction. Some retirees overestimate their tax exposure and hesitate to sell when they'd actually owe little or nothing. Others underestimate it, especially with a long-held, appreciated home, and are surprised by a gain above the exclusion. Reviewing your specific numbers before you list the home, rather than after the sale closes, gives you room to plan.Thinking about downsizing or selling a home in retirement? Contact Zunic Advisory Services to walk through what the sale could mean for your taxes.
Required Minimum Distributions Explained: What Seniors Need to Know Each YearIf you have a traditional IRA, 401(k), or similar tax-deferred retirement account, the IRS eventually requires you to start withdrawing money from it whether you need the cash or not. These withdrawals are called Required Minimum Distributions, or RMDs, and getting them wrong can be costly. Here's what to know.What Is an RMD?An RMD is the minimum amount you're required to withdraw each year from certain retirement accounts once you reach a specific age. The rule exists because these accounts let your money grow tax-deferred for decades the IRS eventually wants its share, so it requires withdrawals (which are taxed as ordinary income) to begin at a set point.RMDs generally apply to: Traditional IRAs SEP and SIMPLE IRAs 401(k), 403(b), and most other employer-sponsored retirement plans RMDs do not apply to Roth IRAs during the original owner's lifetime, and as of 2024, Roth 401(k) and Roth 403(b) accounts no longer require RMDs either.What Age Do RMDs Start?The starting age has changed more than once in recent years under the SECURE Act and SECURE 2.0, so its worth checking which rule applies to you based on your birth year: Born 1950 or earlier: RMD age is 73 Born 19511959: RMD age is 73 Born 1960 or later: RMD age is 75 Because the rules phased in over several years, it's easy to be working from outdated information especially if you read something a few years ago. When in doubt, confirm your specific required beginning age rather than assuming.The First-Year Deadline Is a Little DifferentYour very first RMD comes with a special option: you can delay it until April 1 of the year after you reach your RMD age, rather than taking it by December 31 of the year you turn that age.The catch: if you delay that first withdrawal, you'll need to take two RMDs in that same calendar year the delayed one and the current year's which can push you into a higher tax bracket. For many people, taking the first RMD by December 31 of the year they reach RMD age, rather than waiting, actually results in a smoother tax picture.After your first RMD, all future ones are due by December 31 each year.How Is Your RMD Calculated?Your RMD is based on your account balance as of December 31 of the prior year, divided by a life expectancy factor from an IRS table (most people use the Uniform Lifetime Table). The result is your required withdrawal for the year. If you have multiple IRAs, you calculate the RMD for each one separately but can withdraw the total from any single IRA or combination of them. 401(k) accounts generally don't allow that same flexibility each 401(k) typically requires its own withdrawal.What Happens If You Miss One?Missing an RMD, or withdrawing less than required, comes with a real penalty: a 25% excise tax on the amount you should have withdrawn but didn't. That penalty can be reduced to 10% if the mistake is corrected within two years. Given how steep the penalty is, it's worth building a reliable system or working with someone who tracks it for you rather than relying on memory alone.A Strategy Worth Knowing: Qualified Charitable DistributionsIf you're charitably inclined, a Qualified Charitable Distribution (QCD) lets you transfer funds directly from your IRA to a qualifying charity. That amount can satisfy some or all of your RMD for the year without counting as taxable income which can help keep your adjusted gross income lower, potentially reducing how much of your Social Security is taxed and help avoid higher Medicare premium brackets. This is generally available starting at age 70, even though it's tied to satisfying RMDs that begin later.Why This Deserves Yearly AttentionRMDs aren't a "set it and forget it" task. Your required amount changes every year as your balance and life expectancy factors change, and a distribution can ripple into other parts of your tax return affecting how much of your Social Security is taxable, your Medicare premium bracket, and your overall tax bill. Reviewing your RMD strategy annually, rather than treating it as a single calculation, often uncovers opportunities to plan more efficiently.Want help calculating your RMD or building it into your broader tax strategy? Contact Zunic Advisory Services we're happy to walk through where you stand.
Tax rules shift as you move into retirement, and not always in ways that are obvious. Between federal provisions aimed at older taxpayers and Pennsylvania-specific programs, there are a number of tax breaks seniors qualify for but don't always claim sometimes simply because they don't know they exist. Here's a rundown worth reviewing.1. The Additional Standard Deduction for Age 65+If you or your spouse are 65 or older, you're entitled to a higher standard deduction than younger taxpayers. This is automatic if you claim it correctly when filing, but it's easy to miss if you're using outdated software, an old return as a template, or filing without noting your age.2. Pennsylvania's Retirement Income ExclusionOne of the most overlooked advantages of retiring in Pennsylvania: the state generally does not tax retirement income, including distributions from 401(k)s, IRAs, pensions, and Social Security, provided you meet the retirement age and eligibility requirements for the plan. Many retirees moving from other states are surprised by how favorable this treatment is but it only helps if your return reflects it correctly.3. Property Tax/Rent Rebate ProgramPennsylvania offers a Property Tax/Rent Rebate Program for eligible older adults and residents with disabilities, providing rebates on property taxes or rent paid during the year. Eligibility is based on income and age, and the application is separate from your standard tax return meaning it's easy to file your taxes and never realize you also qualified for this rebate.4. Medical and Dental Expense DeductionsHealthcare costs often rise in retirement, and medical expenses above a certain percentage of your adjusted gross income can be deducted if you itemize. This can include: Long-term care insurance premiums (subject to age-based limits) Certain home modifications for medical needs Mileage to and from medical appointments Portions of Medicare premiums Many seniors don't itemize because they assume the standard deduction is automatically better but for those with significant medical costs, it's worth running the numbers both ways.5. Credit for the Elderly or DisabledThis federal credit is aimed at taxpayers 65 or older (or those who are retired on permanent disability) who fall under certain income thresholds. It's a narrower credit with specific income limits, which is likely why it's frequently overlooked but for those who qualify, it can meaningfully reduce a tax bill.6. Charitable Contributions from an IRA (Qualified Charitable Distributions)For those 70 or older, a Qualified Charitable Distribution allows you to transfer funds directly from an IRA to a qualifying charity. This can satisfy some or all of a Required Minimum Distribution without the amount counting as taxable income a strategy that's often more advantageous than donating cash and claiming a deduction, especially for those who no longer itemize.Why These Get MissedMany of these breaks live in different places some are automatic line items, some require a separate application, and some depend on choices like itemizing versus taking the standard deduction. It's easy for a return prepared quickly or based on last year's template to miss one or more of them, especially as personal circumstances change year to year.A Second Look Can Be Worth ItIf you're not confident your recent returns captured everything you were eligible for, it may be worth a review sometimes amended returns can recover missed savings from prior years, depending on filing deadlines.Not sure whether you're getting the full benefit of these programs? Schedule a tax consultation with Zunic Advisory Services, proudly serving south central Pennsylvania since 2004.
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.
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.
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.