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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.
Dont Wait: Why End-of-Life Conversations Cant Be Put Off According to an article by Johns Hopkins Medicine, two-thirds of Americans dont have a living will or advance directive. Planning ahead can help reduce stress and uncertainty for both seniors and their loved ones. A lot of people dont know what an advance directive is, says Lectoria Byron, a social worker with our Mobile, Alabama program. So, its giving them that knowledgeinforming them of exactly what it is and how it can help them. That eases a lot of anxiety. We sat down with Lectoria and Registered Nurse & Case Manager Amanda Albright to find out why these decisions matter and how the PACE care model fosters them. What is an advance directive and why does it matter? An advance directive is a legal document that explains what kind of medical care you want if you cant speak for yourself. It usually has two main parts: A living will, which says what treatments you do or dont want.A durable power of attorney for healthcare, which names someone you trust to make medical choices for you. Imagine for yourself, Amanda says. Someone you love deeply is in crisis because somethings happened to youand they cant find your funeral plans, your bank statements, or your healthcare wishes. They wont have time to grieve because theyre forced to focus on the paperwork and decisions that could have already been made. How does PACE help with these difficult conversations? Both Lectoria and Amanda emphasized education and pre-planning as the biggest ways their team offers support. Lectoria and the other care team members talk about advance directives during check-ins that happen twice a year. We break it up into manageable steps so its not overwhelming, Lectoria says. In Alabama, we have a basic form that requires two signatures and two witnesses, and we help guide participants through it. If a participant requires legal guardianship or their request involves filing documentation in court, we help connect them with resources like free legal aid, Lectoria adds. She said the best way to approach the conversation is to keep it simple. When you dont work directly with death or dying, its hard to know how to begin, Lectoria explains. But it doesnt take special training. You start by asking: Do you know what an advance directive is? A living will? A power of attorney? Then we offer information and ask: What are your wishes? PACE also provides brochures and other educational materials to help participants review their options in their own time. Checking in every six months ensures these decisions remain a priority. What is the advantage of a participant having their PACE team facilitate the conversation? The PACE team consists of a primary care physician, skilled nurse, social worker, physical therapist, recreation therapist, occupational therapist, and a chaplain. Amanda explains, The team approach keeps any one staff member from carrying all the emotional weight. And the participant hears a consistent message from different perspectiveseach member offering their own short summary or advice. That consistency builds trust and understanding. It gives a lot of credibility, Amanda says. PACEs structure also allows for something rare in modern healthcare: time. Were not seeing 16 patients an hour, Amanda says. We have the privilege to slow down and help people understand. That makes all the difference. Planning ahead for your care isnt just about filling out formsits about showing love, respect, and helping everyone feel more at peace. At PACE, were here to support you and your family through every part of aging, even the tough conversations. To find out more about Mercy LIFE and their innovative care program for Seniors, contact them at 251-287-8427.
Veterans Benefits for Non-Medical, Home Health Agency and Hospice CareVeterans who have served our nation deserve comprehensive support in their post-service lives, and the U.S. Department of Veterans Affairs (VA) offers a range of benefits to ensure their well-being. Beyond traditional medical care, many Veterans qualify for non-medical support, home health agency services, and hospice care. These benefits are designed to enhance quality of life, promote independence, and provide comfort during challenging times. Understanding these options can help Veterans and their families access the care they need.Non-Medical Benefits for VeteransNon-medical benefits encompass a variety of services that assist Veterans in their daily lives. One key program is the Veteran Directed Care (VDC) program, which allows Veterans to manage their own care by hiring personal aides, including family members or friends, to assist with tasks like bathing, dressing, or meal preparation. This program provides a monthly budget based on the Veterans needs, offering flexibility and control over how care is delivered. Another valuable resource is the Aid and Attendance (A&A) benefit, an additional pension for Veterans who require assistance with daily activities or are housebound. This financial support can be used to pay for non-medical caregivers, making it easier to age in place comfortably.Home Health Agency ServicesFor Veterans needing more structured support, the VA partners with home health agencies to deliver professional care at home. These services are available through the VA Home Health Care program and may include assistance from certified aides who help with personal care, light housekeeping, and mobility. While these services are not medical in nature (e.g., they dont involve skilled nursing or therapy), they play a critical role in maintaining independence. Eligibility typically requires enrollment in VA health care and a demonstrated need for assistance, as assessed by a VA provider. Veterans can also explore the Homemaker and Home Health Aide Program, which provides similar support for those with chronic conditions or disabilities, ensuring they receive consistent help tailored to their preferences.Hospice Care BenefitsWhen a Veteran faces a terminal illness, the VA offers hospice care to provide comfort and dignity in their final days. Hospice services focus on pain management, emotional support, and family counseling rather than curative treatment. Veterans enrolled in VA health care can access hospice through VA facilities, community partners, or at home. The VA Hospice and Palliative Care program ensures that care aligns with the Veterans wishes, often at no cost to the Veteran or their family. Additionally, Veterans receiving VA pension benefits may still qualify for A&A to offset hospice-related expenses, easing financial burdens during this time.Accessing These BenefitsTo take advantage of these programs, Veterans should contact their local VA office or use the VAs online portal at VA.gov. Eligibility often depends on factors like service history, disability rating, and income, so a consultation with a VA representative is key. These benefits reflect the nations commitment to honoring Veterans by supporting their independence and comfort at every stage of life. To learn more visit the Veterans Affairs website at www.va.gov/geriatrics or call 800-698-2411.
The SS United States: A Legendary Ocean Liners Final Chapter in Mobile, AlabamaFor decades, the SS United States was the pinnacle of American innovation, a sleek, steel-clad symbol of speed and luxury that ruled the high seas. Now, after years of uncertainty, this legendary ocean liner has found a temporary home in Mobile, Alabama, where it will undergo preparations for its final transformationbecoming the worlds largest artificial reef.As of March 28, 2025, the ship sits docked at the Port of Mobile, a ghost of its former grandeur but still commanding awe. Its arrival has sparked excitement, nostalgia, and even a bit of controversy as preservationists scramble for a last-minute rescue. But love it or mourn it, the SS United States is embarking on its final journey, and Mobile is playing a crucial role in its farewell.The Glory Days: Speed, Luxury, and Hollywood FameLaunched in 1952, the SS United States also known as the Big U was an engineering marvel. Built in Newport News, Virginia, it was designed to be both a luxury ocean liner and a secret military asset, capable of transforming into a troop transport if needed with the ability to carry 14,000 troops 10,000 miles without refueling. On its maiden voyage, it shattered records, crossing the Atlantic in just three days, 10 hours, and 40 minutesa feat no other passenger ship has beaten to this day.For nearly two decades, it was the way to travel between the United States and Europe. Celebrities, dignitaries, and socialites graced its decks, reveling in its opulent design and unparalleled speed. Hollywood took notice, too. The ship made memorable appearances in films like Disneys 1962 classic Bon Voyage!, where it served as the glamorous setting for a family adventure, and 1955s Gentlemen Marry Brunettes, where its sleek profile played a starring role. Even in 2013, the thriller Dead Man Down used the SS United States for atmospheric shots while it was docked in Philadelphia.But the golden age of ocean liners was not meant to last. By 1969, the rise of jet travel rendered transatlantic crossings obsolete, and the SS United States was retiredmarking the beginning of a long, uncertain future.From Neglect to New PurposeFor decades, the once-proud liner sat idle in Philadelphia, rusting away as preservation efforts struggled to secure funding. Dreams of transforming it into a hotel, museum, or entertainment venue never materialized. Then, in 2024, a decision was made: Okaloosa County, Florida, would purchase the vessel and repurpose it as an artificial reefa $10 million project that would give the ship a new purpose beneath the waves of the Gulf of America.Thus began the ships 401st and final voyage. On February 19, 2025, it was towed 1,800 nautical miles from Philadelphia to Mobile, arriving ahead of schedule on March 3. Spectators lined the waterfront, watching as the once-glorious ocean liner, now a shell of its former self, was guided into port.A Temporary Stay in MobileNow docked at Modern American Recycling Services (MARS), the SS United States is undergoing extensive preparation before its submersion. Over the next six to twelve months, crews will strip the ship of non-metal materials, wiring, and hazardous components, ensuring it is environmentally safe. Holes will be carefully cut into the hull so that when it is finally submerged, it settles uprightproviding a thriving habitat for grouper, snapper, and tuna.While many celebrate this transformation as a fitting second life, preservationists arent giving up without a fight. Organizations like the SS United States Conservancy continue to push for an alternative, hoping to turn the ship into a floating museum akin to the USS Alabama in Mobile Bay. A Tourist Boom in MobileRegardless of its fate, the SS United States has already left an impact on Mobiles tourism scene. Locals and visitors alike are flocking to catch a glimpse of this historic ship before it disappears beneath the ocean. Harbor cruises aboard the Perdido Queen and tours through Blakeley State Park have sold out quickly with maritime enthusiasts eager to snap photos and reflect on the ships remarkable past and those looking to explore Mobiles deep connections to the sea.The Final GoodbyeDespite the nostalgia, the clock is ticking. Soon, the SS United States will make its last journey, not to another port, but to the ocean floor off the coast of Florida. Once there, it will begin its final rolenot as a fading relic, but as a vibrant, living reef, fostering marine life for generations to come. For now, as it looms over the Port of Mobile, it remains a towering testament to American ingenuity, ambition, and the fleeting nature of technological supremacy. Whether you see it as a tragic loss or a poetic new beginning, one thing is certain: the legacy of the SS United States will live onabove the waves, beneath the ocean, and in the hearts of those who remember its glory.
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.