Philip Bareck Disagrees with Social Security's Clarification of Disability Language

The Social Security Administration quietly modified a section of disability law in a way that could have a substantial impact on disabled individuals who are approaching retirement. Under the modification, all individuals who are receiving disability benefits will now automatically have those disability benefits converted into retirement benefits at retirement age.

Before the modification, disability benefit recipients could opt out of the conversion, thereby delaying their retirement benefits and potentially increasing their retirement income in later years. This was a viable option for individuals who had sufficient income from a spouse who received retirement benefits or who received widow or widower benefits.

Philip Bareck, a Social Security disability lawyer in Chicago, expressed his disagreement with the decision. "Non-disabled individuals are allowed to choose when they take their retirement benefits, whether it's at 62, 66, or even 70," he explained. "Why can't disabled individuals have that same flexibility?"

The Social Security Administration said the change was a clarification of existing language rather than a modification of policy. However, Social Security experts claim that the change could have a serious financial impact on those who wish to delay their retirement benefits.

Mr. Bareck felt that this may not be the last "clarification" that the Social Security Administration makes. "The Social Security disability program is in a tough financial situation," he explained. "More modifications and clarifications could be coming down the pike if those changes will save the program money and extend its life."

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