Will Portability Changes to Estate Tax Exemption Affect Me?
The Internal Revenue Service has issued new guidance extending the time that executors have to elect portability.
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TakeawaysThough many Americans have adequate retirement savings, many others plan to work longer – or feel they cannot stop working – simply to afford retirement. However, about 40 percent of workers will have to quit their jobs earlier than expected because of a disability.
Leaving the workforce early can devastate a worker’s financial security in retirement. The loss of income can force early retirees to live off whatever savings they have and to claim Social Security benefits at the earliest possible age of 62. This means they forfeit the higher monthly benefits they would have received had they been able to delay claiming benefits.
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Fortunately, older workers have a critical safety net if they become disabled. Social Security Disability Insurance (SSDI) is a program that pays benefits to the disabled worker and, in some cases, to their eligible family members, providing a substantial portion of their potential retirement benefits.
Though retirees account for the majority of Social Security recipients, SSDI provides essential support to millions of others with physical, intellectual, and mental disabilities.
Of the almost 8.2 million people who are receiving SSDI benefits, about three-quarters are 50 or older, and they are disproportionately low-income. SSDI benefits payments help to keep many of them out of poverty. The estimated average monthly SSDI payment for 2026 is $1,630.
Existing SSDI rules grant specific accommodations based on age, particularly for workers over age 50. These rules recognize that older workers often face greater difficulty adjusting to new, less physically demanding jobs after a disability. Changes to these age-related criteria could significantly increase the number of older adults whose applications are denied.
Even as many Americans rely on the valuable safety net that SSDI provides, debate about the program’s future is ongoing. The New York Times recently published an article calling attention to growing uncertainty around SSDI. The article emphasized that the program’s structure and its eligibility process are under scrutiny.
Many SSDI applicants continue to face lengthy waits for decisions. Modernizing the disability determination process – including revising the outdated database used to decide what jobs a disabled person can still perform – has been proposed, but implementation has stalled.
One controversial reform under discussion involves updating how age factors into disability decisions. For example, the program may raise the age at which it considers certain accommodations. Critics argue such changes could make it harder for older workers to qualify, especially those with limited job options due to their age and disability.
In addition, the Social Security Administration (SSA) has moved to reduce in-person services by planning to shrink field office visits by half. Though online services are encouraged, many applicants rely on face-to-face help, particularly when navigating complex SSDI and Supplemental Security Income (SSI) applications or appeals. (Note that while SSDI is for insured workers, based on their work history, SSI is a needs-based program for low-income individuals with disabilities, even if they have little or no work history.)
Overall, the Times article portrays SSDI as vital, but under pressure by administrative changes and policy debates that could reshape who gets benefits and how accessible the system remains. Because SSDI eligibility standards are strict and medical documentation must show the applicant cannot do substantial work, more than 60 percent of initial applications are denied. However, applicants can appeal denials, a process that should be undertaken with the help of a professional.
Given the lengthy wait times and strict standards that SSDI applicants currently face, consider starting to gather required paperwork now if you think you may need disability benefits later in life.
You will need to provide the SSA with basic personal information, such as your Social Security number and birth certificate in addition to details regarding your job history. The SSA will also seek medical records, treatment history, and sufficient evidence that demonstrates how your symptoms may limit work-related activities.
Even if the number of SSA offices decreases, you have the option to apply for SSDI online through the SSA website. Educational websites such as DisabilityGuidance.org and SSDIGuide.com may also be helpful, or you may seek assistance from a special needs planning professional.
SSDI remains a critical safety net for millions of Americans who become disabled before retirement. Yet, as The New York Times highlighted, the program is facing significant policy and administrative challenges. Decisions about how SSDI modernizes its systems, structures eligibility, and manages access, particularly for older or more vulnerable workers, will shape the future of disability benefits and the financial security of families across the country.
For additional reading on topics related to Social Security Disability Insurance, check out the following articles:
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
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READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
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READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
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READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
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