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Since 2005 I have collected PERS disability fr state of ohio can i now apply for disability fr fed govt?

by tom44 on July 16, 2013

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Question by Big Lance!: Since 2005 I have collected PERS disability fr state of ohio can i now apply for disability fr fed govt?
in other words I have been recieving disability from ohio public employees retirement systems in columbus ohio, Im now wondering due to my worsening medical condition if I can also apply for disability or soc sec through the fed govt. im not sure what the distinction is between the 2 are but im assuming i may qualify for disability? the confusing part is that as a public civil service employee i paid into a pension system for all of the years I was employed and I did not pay into social security? but my doctor is telling me im in bad shape and that I should apply for disability? i called about soc sec and disability and they asked me if i worked and attained enough credits etc… but i explained that i did work for many years but we did not pay into soc sec? they did explain that if i was awarded disability that i would incur a change in earnings called the windfall provision? im trying to determine what i should apply for? i have worked and attained credits through prior to taking a civil service job where i only paid into a private pension plan but that was back in late 80s/early 90s so i assume those credits are useless etc… im gonna consult with an atty and see their take on things and if i can apply and recieve disability or soc security as i dont know if i have enough credits etc… its a bit confusing as i dont know the laws, do you? if i am ok to apply how does the windfall provision work? is it on a percentage basis like im assuming they reduce earnings etc…. question is do they reduce earnings a certain percent? thanks! i apologize if this is confusing!

Best answer:

Answer by Judith
In order to become entitled to social security disability benefits you must have paid into the social security system five out of the ten years immediately before becoming disabled. The intent of social security disability is to replace the loss of recent earnings which were subject to social security taxes.

If you meet that requirement your benefit amount would be minuscule because of the Windfall Elimination Provision (WEP). You can google for information about WEP.

Your doctor is unaware of other social security entitlement factors other than the fact that you are disabled.

If you worked and earned 40 quarters of coverage before working for the state of Ohio you could receive retirement benefits at age 62 because it doesn’t matter when you obtained the credits – only that you have them. WEP still applies. If you have less than 40 quarters of coverage then you won’t be entitled to retirement benefits.

You needn’t waste your money on an attorney. There is nothing he can tell you which you can’t verify for yourself online. Just go to ssa.gov and look up work requirements for entitlement to social security disability benefits. Then look up Windfall Elimination Provision (or WEP).

If you are married and your spouse is entitled to social security you might be eligible for spouse’s benefits at age 62. However, the Government Pension Offset (GPO) applies to benefits payable as a spouse or widower. The social security benefit is reduced by two-thirds of the amount of your pension from the state of Ohio.

The two laws, WEP and GPO were passed in the early 1980s to reduce the cost of the social security program. The GPO took away my incentive to marry since I would not have been entitled to wife’s benefits any longer because I was employed by the federal government before 1984 and never paid into the social security program.

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