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3 Reasons to Get a Lawyer Involved in Your Retirement


— July 24, 2020

Lawyers are significant in matters concerning retirement and can offer fool-proof plans to get the most out of your retirement. It is best to seek advice from a lawyer instead of looking over the issues by yourself.


Retirement is the act of withdrawing yourself from a position or an occupation. It is achieved when you have enough savings, invested income, and pension income that could ensure the coverage of your living expenses. These acts used to be non-existent over a century ago. However, the growth of life span, government benefits, and the introduction of social security led to the establishment of retirement concepts. 

Initially, before the development of such programs, the entire burden of providing for retired folk was left on the family members. The retirement process is not always straightforward; some concepts and laws require the use of lawyers for them to work for you productively. Here are some reasons to get a lawyer involved in your retirement process.

1. Understanding of Pension Reforms

Pension reforms are what comes to a person’s mind when they think about retirement. It is common, and many people have earned their share of pension during their careers. It is usually the employer’s job to contribute to his employees’ behalf. After working for a period of time, you collect a pension when you decide to retire. However, these days pensions have become less popular and less generous. Selecting the most effective contribution plan suited to your liking is hard without a lawyer to advise. There are various pension contribution plans available. 

A 401k plan is mainly for the private sector and the amount to be contributed is tax-deductible. You can receive a payment plan as early as 60 years of age, although there is a 10% fine for any early withdrawals. When you reach the age of 71, you are required to receive an RMD which in full means required minimum distribution. The contributions can reach up to an estimated $24,000 if aged 50 or older while contributions from the employer plus the employee can reach up to $60,000. 

A 403b plan is like 401k but is for tax-exempted organizations like churches, hospitals, and public schools. The programs are similar to 401k. The 457 plan also works the same as 401k but is provided by the state, and/or local government, and some tax-exempt organizations. It is critical to seek the aid of an attorney before making any decisions regarding retirement.

2. Ensure Retirement Claims are Being Met

Before submitting your retirement application, it is essential to claim your IDR. The best way to do this is by contacting a lawyer to determine if you qualify. To qualify for an IDR, you must work for a company that offers social security, and your condition must meet the definition of disability derived from social security. They usually pay people who are unable to perform their duties due to work-based disabilities.

Woman standing next to woman riding wheelchair on grass in the sun; image by Dominik Lange, via Unsplash.com.
Woman standing next to woman riding wheelchair on grass in the sun; image by Dominik Lange, via Unsplash.com.

The benefits are converted automatically to retirement benefits if you reach full retirement age while still receiving social security benefits. However, you require work credits to qualify for the disability benefits. They usually depend on your age when you become disabled. You need a total of 40 credits, although young workers qualify with less.

Social security does not pay partial disability or short-term disability, only total disability. They consider a person to be disabled if you cannot complete any of the work you did before. They decide you cannot be reassigned to do a different job because of your disability if your disability is fatal or can last one year or more. To accurately know this without wasting time, a lawyer is required to ensure full payments are met. Lawyers from Sacramento Law Firm are uniquely suited.

3. Discrimination Claims

It is unlawful to make people retire because of a certain disability. It is customary for a procedure to be made to avoid lawful action due to this fact. The retirement process should be acceptable for both parties involved. It is considered discrimination when an employer persuades an employee to retire without a just cause. 

However, if you provide prior notice of about 6-12 months, and the employee has reached a specified age, it is not considered discrimination. According to Goyette and Associates, Inc., a Sacramento Law Firm, “You may also have the right to be absent from work to care for yourself or a family member who suffers from a ‘serious health condition.’” Looking into the retirement policies of your company can be important in determining the situation you may be in.

To properly make reasonable retirement, you must follow the set procedure. Providing notice and set periods for retirement will help prevent the addition of pension. To accurately identify if you’re being discriminated against for either age or disability, a lawyer’s professional insight is crucial.

Lawyers are significant in matters concerning retirement and can offer fool-proof plans to get the most out of your retirement. It is best to seek advice from a lawyer instead of looking over the issues by yourself. The inclusion of a lawyer will increase your chances of getting the most out of your retirement plan. 

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