Last page edit 12/17/07

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Retirement Insurance Benefits - Social Security

Name Retirement Insurance Benefits - Social Security
Non-Financial Eligibility Conditions
  • You must be 62 years old for early retirement at reduced benefits. The age to receive full benefits is changing. It will depend on when you were born.  Near retirement?  Check with Social Security about your options.
  • You must be also "fully insured". Your insured status is determined by your work and earnings history. Generally this means that you worked 10 years in jobs covered by Social Security.
     
Income Eligibility Conditions
  • If you are under 65, you can earn up to $12,960 per year (as of 2007) without any effect on your benefit amount, however, your benefit is reduced if you earn above the limit. - more details.
  • If you retire at full retirement in 2007, you can earn $34,440 per year without your benefits being reduced.

See the earnings limit calculator.

Estimating your Benefits

Do these numbers change?

Asset Eligibility Conditions You can have any type of assets of any value without any effect on your benefits. However pensions based on work that was not covered by Social Security may reduce your benefit. See "The Windfall Elimination Provision."
Benefit Depends on your work and earnings history.  Review the factors that may affect your Retirement Benefits. In 2007, the maximum benefit is $2,116 per month.
Apply At Social Security office online or over the phone or locate the local Social Security office by your zip code.
Appeals

  • You can appeal any denial, termination, or reduction of benefits
  • You must file an appeal within 60 days of the date of the written notice with which you disagree. 
  • In addition, you have a 5 day "grace period" to allow for the mailing of the notice to you, making the total amount of time you have to file an appeal 60+5 days.
Source of the Funds Social Security Trust Fund
You Also Would Be Eligible For Medicare, if you are 65 or older
Sources of Law

Federal Law: 42 U.S.C. §§ 401 to 434, specifically, § 402. Old-age and survivors insurance benefit payments

Federal Regulations: Generally, 20 C.F.R. §§ 404.1 to 404.2127

The law and regulations are long and complicated, so it is hard to get a quick overview or to find any specific topic. The best way to get quick, clear information is The Social Security Handbook.  The most important information about retirement benefits is Chapter 3.

Federal Policy Materials 

Other Visit the Social Security Administration's web site
Source: Maryland Legal Assistance Network (MLAN)

  Last legal review April 2007 (MLAN/GG)

 
Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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