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Benefits for the Spouse of a Disabled...
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Social-Security-Disability-Forum » Benefits for the Spouse of a Disabled Person  

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Anonymous

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Posted on Saturday, March 17, 2001 - 10:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a question about spousal social security benefits. From what I have read on this web page, it states that a spouse could get social security benefits if their spouse passes away and they (the living spouse) has a low income. My husband and I make about the same amount (between 40 - 45K)...so I guess you would say we are middle class. I have a daughter which is his stepdaughter...he has not adopted her. If he were to pass away (god forbid), would my daughter and I be eligible for Social Security benefits? Is my salary considered low income or not? What qualifies as low income? We have been discussing this for months and need clear answers. He is very concerned about this, that is why I am asking. Thank you.
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Paul McChesney

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Posted on Tuesday, March 20, 2001 - 6:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If your husband is contributing at least half of your daughter's support, as a stepchild she would be entitled to draw benefits if he dies or becomes disabled. Her benefits would continue until 18, or 19 if she is going to high school full time, or indefinitely if she becomes disabled before she turns 22. Your income is irrelevant to her right to benefits.

If you were unemployed when she is drawing benefits and is disabled or under 16, you could draw mother's benefits. These are reduced by your income just like retirement benefits are if you are 62.

As a practical matter, you are unlikely to draw benefits off of your husband's record. If you make identical incomes, your benefit amount under your own record if you become disabled or retire would be greater than what you could get under his record, and you only get whichever benefit is greater.

I will list the other benefits you might get if you are interested, but in short, as long as you are working you would be eligible to no benefits under his record.

Please ask a follow up question if necessary.
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Anonymous

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Posted on Friday, March 23, 2001 - 6:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Thank you for your response. This clears up a lot for me. My daughter's biological father contributes nothing as his parental rights were terminated years ago. So, I believe she would get social security benefits if needed. They would not continue through college years at all?
How is social security for children determined? Is there a specific formula used?

Once again, thank you for your assistance.
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Paul McChesney (Admin)

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Posted on Saturday, March 24, 2001 - 9:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Social security benefits for a child used to continue to the 21st birthday, but that was changed some years ago. Many people remember that and will tell you about it. However, the rules are now as indicated above. No social security benefits for a surviving child in college - unless he or she is under 18 or disabled!

The child gets a percentage of what the parent gets. But there is also a family maximum. The calculation is fairly complex. In general, it tends to be substantial for the children of middle class wage earners, and very small for children drawing off of people who earned little. To get an exact figure for your child, call 1 800 772 1213 and order a PEBS statement. Take care.
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Mike Morgan

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Posted on Friday, May 18, 2001 - 1:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My wife is disabled but has always worked out of the home does she qualify for benefits?
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Paul McChesney (Admin)

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Posted on Monday, May 21, 2001 - 5:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

That depends on what you mean. If she had a home business and declared self employment income, she might be able to draw Social Security Disability. If that is the case, call 1 800 772 1213 and ask for an earnings record; it will tell you.

If she has never declared income, she might qualify for Supplemental Security Income benefits, if the family income is low enough. Inquire at the same number; be prepared with family income figures.

If she ever gets to the point where she can work, even on an occasional basis, she might try showing earnings so that she will be qualified for Social Security Disability in the future. I would talk to an attorney who knows this area well; he can tell you how much she would have to earn, depending on her age and past earnings.

She might qualify for retirement benefits as the spouse of a wage earner.

She might or might not qualify for widow's benefits if she ever becomes your widow. Most widows can draw retirement benefits at age 60; many, but not all, can draw disability benefits if they become disabled and turn 50 within 7 years of their spouse's death or their last mother's benefit check, if any. She would have to remain unmarried, usually but not always.

Sorry it sounds so complicated; I didn't write the law.
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Lynn Kaye

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Posted on Tuesday, September 18, 2001 - 8:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is drawing disabled social security. Our daughter also gets a check. I work full time so I do not get a check. I have just found out I am pregnant again. Will that child receive additional money or will the check my daughter receives be split in half?

Reply by Paul It depends. Your daughter is supposed to get an amount equal to a certain percentage of your check; but there is also a family maximum, so that a person with 3 or 4 children will usually get no extra money. To find out what your family maximum is, whether you are currently drawing or not, call the Adminstration at 1 800 772 1213 and ask them to send you the form to order your benefit statement.
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dorothy lawless

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Posted on Wednesday, May 23, 2001 - 4:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My name is Dot
my husband is 65 and drawing full ss benefits,
1'000 a month,right now he is still working and
making around 12'000 a year, I have been self em
ployed for 12 years and am now 57 yrs old.
with several health problems that i am sure are
quilified for disability. I own a small bld. which
i could rent for around 400.00 a month.My question is do we have to much income for me to
draw disability on my husbands work record.
On my SS payments I am only eligible for about95.00 amo. On his I would draw around 6
or 700.00. We have been married over 12 years,
state of tennessee.
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Paul McChesney (Admin)

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Posted on Friday, June 01, 2001 - 5:39 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Dorothy, you can only draw off of your living husband's record if you retire; you must draw disability off of your own record. You can draw off of your own record no matter what your husband makes.

There is another program, SSI, but on the facts you give me you cannot draw; your husband is making too much money.
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Billy Baros

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Posted on Sunday, December 02, 2001 - 1:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am receiving SSDI--$1,022 per month. I do not see a change in my disability situation--except death. Me and my wife are both 58 years old. We were born in 1943. Except for some part-time work, she has been a homemaker. She only has a total of 16 credits. It is doubtful that she will earn enough credits to receive S/S retirement benefits on her own record. We would like to know the amount she would receive if I died at the age of 60 or 61-- she would be 60 or 61 also. What would the total amount be for both of us when we reach 62 or what would the total be if we wait until we are 65? Thank you.

Reply by Paul Call 1 800 772 1213 and ask for an earnings record request form. Fill it out in your name and using your social security number. The Administration will send you a copy of your benefit estimate, including an estimate of what your wife might get if she retires on your record.
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DAVE MCKAY

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Posted on Monday, July 23, 2001 - 2:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm new to this board , I hope I'm doing this right? my question is. I've been recieving s.s.d.for about 2 years, i've just heard that i may be able to collect on my ex wifes record. we were married for 15 years, divorced in 1989 I have not remarried. Also if i can, will the payments be retroactive.
Thank You

Reply by Paul You can generally collect disability benefits based on the record of a spouse or ex-spouse only if he or she is deceased.

Retirement benefits are different.
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Sarrah Allen

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Posted on Friday, January 04, 2002 - 11:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I draw SSD and SSI benefits my husband has also become disabled and we have filed for his benefits,But, somewhere I saw that a spouse of a disabled person was entitled to draw off the spouse we live in Oklahoma is this possible that he is eligible to get benefits off me
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Paul McChesney (Admin)

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Posted on Friday, January 11, 2002 - 5:48 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The short answer is, almost certainly not.

Your children are eligible to draw a check if you get a Social Security Disability check. If they draw a check, and the children are younger than 16, their father can draw a check, too.

But for most people whose Social Security check is so low that they get SSI also, the "family maximum" is also very low, so that, as a practical matter, neither their children nor their children's father gets a check.

If you have no children, then there is no chance.

Of course he might get benefits off of his own record, or might draw SSI.

If he draws SSI, there will be a limit based on the total that you and he receive.

To be sure about how all of these rules apply to you, you might ask at your local Social Security office.
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Patsy Alexander

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Posted on Wednesday, February 06, 2002 - 8:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 59 years old. I worked in the public for 27 years quitting in 1986. Since then, I have painted but have not made enough money to pay social security. I was co-owner of a shop that taught painting from 1988 to 1992, not making an income because of the bills. I now have some of my items in a shop and have to work 1 day every 3 weeks to participate. I report this income but it has been very little

My husband is 70 years and drawing SS. I am disabled with pulmonary fibrosis and COPD. I am on oxygen 24 hours a day because of the strain on my heart. I am unable to even walk to the mail box without oxygen. I have had this disabilty for a number of years but actually went on the oxygen in 2000 when I saw a pulmonary doctor. My question is: Can I qualify for disability under my husband's account since it has been a number of years since I worked. I really need help in paying the bills (doctors, hospital tests, and oxygen.) I received a small inheritance from my mother in 2000 and this has paid the thousands of dollars in bills. My insurance covers only a small portion of a day in the hospital starting the 2nd day so they have been no help. I am located in SC.
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Paul McChesney (Admin)

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Posted on Saturday, March 02, 2002 - 5:17 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is an important question that it is impossible to answer based on what facts you give me. I can say some things:

1. Generally, if your spouse is alive and not disabled, you can only draw retirement on his record, and that when you are 62.

2. If your spouse is deceased, you can generally retire on his record at 60, or draw disability on his record at age 50, if you become disabled within 7 years of his death. If it is more than 7 years, and you have drawn a mother's check because you are raising his surviving children, you have 7 years from your last check.

3. If your spouse is disabled and you and he have children under 16, you might be able to draw a mother's check. Your income must be low enough.

But none of that helps you. You should not give up on getting a check on your own record. Order an earings record from the Administration by calling 1 800 772 1213, and take it to a good lawyer. Do not take the Administration's word that you are not covered on your own record. You might be able to amend your returns to get covered.

Take care and good luck.
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Denise OCampo

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Posted on Friday, May 24, 2002 - 5:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 44 years of age with Multiple Sclerosis that I have had for 4 years. There is a possiblility of getting married for the first time. My question is can I still get may SSDI? I need my SSDI for my own, my boyfriend is in the service and will be retiring next year. If I don't still get my SSDI I can't even think of getting married.
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Paul McChesney (Admin)

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Posted on Thursday, May 30, 2002 - 5:16 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you truly are drawing Social Security Disability benefits, sometimes called SSDI, and not widow's benefits, sometimes called WIB, and not Supplemental Security Income, sometimes called SSI, then marriage will have no effect.

If you are drawing WIB or SSI, marriage will probably have an effect.

Generally, SSI checks come in a blue envelope, on the first of the month, and have the letters
"SSI" just in front of the dollar amount. Generally, other checks come on other days of the month, and have other things in front of the dollar amount.

DO NOT take it upon yourself to decide which kind of check you have. A third of the people that come in my office are wrong about it. Sit down with an attorney and copies of your notices and checks or account receipts. I have met a number of people in your situation who guessed wrong, to their sorrow.
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Sara Slatery (Saraslat)

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Posted on Tuesday, July 02, 2002 - 11:37 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My friend is 60 years old and has had non-hoskins lymphoma since 1997. She had stem cell replacement and because of all the treatment, she had a heart attack and now has congestive heart failure. During her 37 year marriage she worked very little and has paid very little into social security. Her former spouse is still living. Does she qualify for disability benefits based on his earnings?
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Paul McChesney (Admin)

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Posted on Wednesday, July 17, 2002 - 5:37 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The only kind of benefits you can draw off of a living spouse or ex-spouse are retirement benefits. If she is poor enough, she might be able to draw SSI.
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Margie

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Posted on Sunday, August 11, 2002 - 6:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband and I both draw SS Disability in Ok. My husband will turn 65 on March 12, of 2003. We were wondering how this will affect his check as far as the amount and the time of month he will recieve it. He recieves his check on the 3rd of the month right now. Will it delay it til the 12th of March?
I have also heard that my check is not as much as it could be because of him being on SS Disability is this true in the state of Oklahoma?
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Paul McChesney (Admin)

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Posted on Friday, August 23, 2002 - 5:42 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

When someone who is drawing Social Security Disability turns 65, the amount of the check doesn't change at all. It is then called a retirement check, but there is no practical difference.

If your check is a Social Security Disability check, his benefits do not affect yours at all.

If your check is an SSI check, which is paid to people who don't have much earnings, it might be affected by his check.

All of the above statements apply in all states.
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jack K

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Posted on Monday, October 28, 2002 - 11:49 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have applied for ss disability. My wife currently gets ssi. I'm 51. She will soon be 62. my disability as caused us to reunite. we were separated. Her check is based on that info. If and when I get disability will it affect her check? What is the amount of ssi benifits, for a married couple with a handicapped adult child(who will always get a check)? will my ssd affect her ssi? question#2 without many credits at age 62 would she be better off to continue gettin ssi or will there be a choice of the greater amount? Thanks so muuch for your responses and repies Jack
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Paul McChesney (Admin)

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Posted on Monday, December 02, 2002 - 6:20 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have applied for ss disability. My wife currently gets ssi. I'm 51. She will soon be 62. my disability as caused us to reunite. we were separated. Her check is based on that info. If and when I get disability will it affect her check?

Possibly

What is the amount of ssi benifits, for a married couple with a handicapped adult child(who will always get a check)?

It varies based on the amount of the check.

will my ssd affect her ssi?

Very probably.


question#2 without many credits at age 62 would she be better off to continue gettin ssi or will there be a choice of the greater amount?

Many people who have not earned enough to get anything but SSI can get retirement benefits when they turn 62. She should check to see.

Thanks so muuch for your responses and repies Jack

Sure. Take care and good luck.
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Martha Faulkner

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Posted on Thursday, January 16, 2003 - 5:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is going blind and has cancer that has caused his blindness. I am working outside the home, but my husband is needing me for his care ,Can I get pay for caring for him if I have to quit my job to care for him? If so, who do I need to contact for this service? My husband is drawing social security disabilty and has been for a year now. We need help and don't know where to turn to. I forgot to mention that my husband is 60 years old and We live in Kentucky.
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Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 8:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Martha, there is no such provision in the Social Security law that I know of. There might be something that is local to Kentucky.
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Patricia

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Posted on Friday, January 17, 2003 - 11:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband had a major cerebral stroke Dec. 27, 2002 and is will not go back to work. I'm his spouse and 100% handicapped with severe arthritis. I applied for his SSD for him. They told me I would qualify for SSI because of our low income. He will be going to a nursing home after the rehab he is in now. My question....if I am disabled will I be able to keep his SSD check or will I lose it to the nursing home. I have an 18 yr old son in his senior year in high school. Does social security pay for his nursing home? You may not be able to answer this but I'll ask anyway just in case you know.
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Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 8:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You will almost certainly lose his DIB check to the nursing home. But your SSI check might go up some.
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Donna Fergason

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Posted on Sunday, June 29, 2003 - 9:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,

I have been married 18 years in which the last 7 years my husband has been receiving SS Benefits due to a injury. Our 3 children and I also received benefits. Five years ago we had seperated(not legally)and my checks had stopped, should I still be receiving them? We are not yet divorced. My children still receive them. I appreciate if I can get this issue resolved.
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Paul McChesney (Admin)

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Posted on Sunday, July 13, 2003 - 8:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It depends on where the children are, and how old they are. If the youngest is over 15, no. If you don't live with the children, no.
One other issue that often comes up is whether the disabled person has earned enough for his children to get any benefits, which of course your husband must have.
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Sandra Ballew

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Posted on Thursday, September 25, 2003 - 5:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband passed away in 1999 and I was diagnoised with fibromylgia appx.2 yrs before I became a widow. I still work some however my income is very low and because I can no longer do the job I use to I am limited to a small income and my health insurance eats most of that up.Is there any chance I will be able to draw anything from my late Husbands benifits. He made about 42000.00the last full yr he worked .My income was never over about 12000.00 bring home
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 6:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sandra: There are many circumstances in which you might be able to draw off of your deceased husband's record. The most common are these:

1. If you and he have a surviving child who is under 16, you can draw mother's benefits. You do not have to show disability. This check is gradually reduced as your earned income goes up.

2. If you are disabled and over 50, and your right to disability began less than 7 years after your husband's death or your last mother's benefit check, you can get widow's disability benefits.

3. If you are 60, you can draw widow's retirement benefits.

4. You must be unmarried to get any of these benefits, with some complicated exceptions.
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Sam

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Posted on Wednesday, October 15, 2003 - 11:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been drawing ssdi for several years and my wife has paid into SS but she says not enough to draw on herself for ssdi, she has been disabled for some time now, can she draw anything on me with what she has paid into ss?
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 6:47 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sam: There are many programs under which she might be able to get a check. You should get her earnings record and sit down with it an attorney. To get the earnings record, go to ssa.gov. Take care.
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kenneth wayne millis (Wayne)

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Posted on Monday, September 22, 2003 - 11:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello, My name is wayne and I have been disabled sence febuary 1988. at that time my two children and wife then were drawing a check. now both kids are above the age of 22, and I divorced my wife then in 1995. naturaly her benifits stop.
My question is I am planning on remarring and would like to know if my new wife would obtain a check, the same way my first wife did. as my dependent. thank you in advance for answering my question.
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Paul McChesney (Admin)

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Posted on Saturday, November 01, 2003 - 5:48 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Probably not right away. If you get a Social Security Disability check, your dependent children are usually entitled to a check, also. If their mother is caring for them and not working, and any of the children are under 16, she is entitled to a small check, also. So your new wife would only get a check if she is not working much, and if you and she have a child.

The amount of the checks that the entire family can get is limited by the "family maximum," which is very low for people who draw small checks.
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Nina Faye Emberton

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Posted on Sunday, December 21, 2003 - 6:49 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, My husband is on disability. I will turn 62 in a few months .When i sign up for my Social Security will i be able to draw any part from my husband. He draws 800.00 monthly and i will draw somewhere around 450.00
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Paul McChesney (Admin)

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Posted on Monday, April 26, 2004 - 4:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Nina, if your husband draws retirement, you can draw retirement on his record. If your husband draws disability, you can only draw benefits on his record if you have his child in your care, and if the child is under 16.
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set

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Posted on Friday, January 23, 2004 - 5:19 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband was injured in 1980 losing the entire sight of one eye, he also had very poor vision in the other eye of 20/200...he was out of work for 6 mos . as his wife taking care of his 11 year old son and 7 year old daughter at that time, can i still draw any benefits or is there a time limit on receiving social security disability benefits for the 4 of us or for me and our two children in retrospect.. please provide some input other than me seeking an attorney.. thanks , sandy
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Paul McChesney (Admin)

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Posted on Monday, April 26, 2004 - 4:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Set: If he is eligible, as his wife, caring for his child under 16, you would be eligible for mother's benefits.

The harder question is whether he is eligible. There are several deadlines, and it is impossible to be sure, on the facts that you have given me, which side of those deadlines he is on. You should sit down and talk to a local attorney about this important question. Take care.
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Jean Conklin (Buni)

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Posted on Monday, February 02, 2004 - 1:49 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband draws Social Security retirement benefits. Our adult disabled child used to receive SSI (before her father retired), but now she receives SSA disability benefits on her father's record.

1) I understand that wife or husband (at any age) is entitled to benefits if a child in his or her care is receiving benefits on the worker's Social Security record and the child is (under 18 or) disabled.

What is this benefit called?

2) I understand that "in his or her care" is applied rather loosely - i.e. if the child is in a care facility but the wife or husband provides the primary directing and administrating of the child's life (as opposed to day-to-day maintenance and care) -- then that "guardian-type responsibilities" can be considered "in his or her care."

Do you have any suggestions on how to best present documentation for this claim?

Anything to elaborate, or correct?
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Paul McChesney (Admin)

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Posted on Monday, April 26, 2004 - 5:06 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Buni:

1. Mother's benefits.
2. I am not sure. But there are cases where mother's benefits have been suspended while the child was in a residential facility. CURETON V. SEC. OF HHS 1990 WL 275582 (S.D.Ga.,1990.)
3. I would get a lawyer right away, particularly if the child is in a special care situation.
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Candace

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Posted on Friday, June 04, 2004 - 1:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would like to know? I am 50 years old and have been on disabilty since March 2, 2002. I am divorce, in 1999 and was married for 20 years. Is there any way I can draw on my ex husband's benefits? If so when, and how much, and will it change my benefits.
Thank You
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Paul McChesney (Admin)
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Posted on Wednesday, July 21, 2004 - 8:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Candace, as a divorced spouse who is not remarried, you can get:
-retirement benefits on your ex-husband's record if what you would get is larger than what you would get under your own.
-mother's benefits if you have his under 16 year old child in your care, if he is disabled.

As a surviving divorced spouse of a deceased ex-spouse, you can get:
-retirement benefits on your ex-husband's record if what you would get is larger than what you would get under your own; in this case at age 60
-mother's benefits if you have his under 16 year old
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Zenaida Chvez
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Posted on Saturday, August 14, 2004 - 9:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband passed away in 1996 someone told me I was more than likely able to recieve social security benfits I have been disabled before and after his death and was wondering if I would qualifiy because it's been so long?
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 8:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Zenadia, you might be able to get SSI if you are broke, Social Security disability on your record if you have worked enough, mother's benefits if you are raising his child under 16, or Social Security widow's disability benefits. To get widows benefits you must turn 50 and become disabled before a certain date. That date is the later of 7 years after his death, or 7 years after your last mother's benefits check.
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Ron Fens
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Posted on Sunday, August 15, 2004 - 1:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My wife gets $650/ mo. from S.S. on her and my record. I get $1400/ mo. S.S. If I die, what would be her monthly payment, and how is that amount determined?
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 7:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ron, she will get something between your full retirement amount and 71.5% of it, depending on complicated circumstances.

If you never retired, and died at exactly age 65, and she was 65 on that day, too, she would get 100% of your retirement amount.


Here's a part of the law, to give you an idea of how complicated it is; there is a lot more:

20 CFR SEC 404.338 Your widow's or widower's monthly benefit is equal to the insured person's primary insurance amount. If the insured person died before reaching age 62 and you are first eligible after 1984, we may compute a special primary insurance amount to determine the amount of your monthly benefit (see § 404.212(b)). We may increase your monthly benefit amount if the insured person earned delayed retirement credit after full retirement age (as defined in § 404.409) by working or by delaying filing for benefits (see § 404.313). The amount of your monthly benefit may change as explained generally in § 404.304. In addition, your monthly benefit will be reduced if the insured person was entitled to old-age benefits that were reduced for age because he or she chose to receive them before attaining full retirement age. In this instance, your benefit is reduced, if it would otherwise be higher, to either the amount the insured would have been entitled to if still alive or 82 1/2 percent of his or her primary insurance amount, whichever is larger.
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Sharon Woerz
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Posted on Saturday, August 28, 2004 - 1:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I've been disabled since 1998.My husband passed away in april 2000. When my daughter made the arraingments for his funeral they told her since I was disabled when I turn 50 I would recieve my husbands benifits. Is this true and how and when do I apply.I recieve ssd and a small pention from G.M. I don't recieve ssi.
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 7:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Maybe. A widow can get disability on her husband's record if she becomes disabled within 7 years of his death, or within 7 years of her last receipt of mother's benefits, and has also turned 50 by that date. You would get mother's benefits if you had his child in your care up until the time the child was 16, if your income was then low enough.

In short, get a good lawyer and give it a shot.
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 7:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sharon, that is probably true. You have to become disabled and turn 50 within 7 years of his death, or the last payment to you of mothers' benefits, whichever is later, and it sounds like you meet that test.
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Pam (Tiellady)
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Posted on Monday, July 26, 2004 - 12:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has been approved for SS disability. We appealed his case at a hearing in front of the judge. We have spoken the our local office regarding the status of his benefit and were first told that his paperwork is in th Baltimore office. The next week we were advised that it was in the payment processing center and that if we hadn't heard from them in 2 weeks we were to call them again. We have taken all our birth certificates/ss cards, Marriage license, voided check and the letter from our WC atty regarding my husband's WC settlement which states how the money was distributed (atty fee, medical fees, etc) and the breakdown per month according to the definition of his life expectancy. In the best senario, what would be a good "guestimate" of when we could expect his first check and back pay?
Next, He has been declared since his first date off work which would be Sep 2001. Should he be getting backpay from march 2002? Or is it just back 12months from being awarded SSDI?
Will our children get back payments? Should they receive 50% of his monthly benefit?
Also, exactly what do they mean that the spouse will also receive benefits if she is caring for the children? I have to work part-time to bring in some income but I am the caretaker of the babies. My mom and friends help out for the couple of hours I am at work. I was off work for over a year from Mar 2002 til Apr 2003 due to various medical conditions and a problem pregnancy. Will I qualify for spouse benefits from my husbands SSDI benefits too?
Sorry this is so long....I do appreciate this website. It has been very enlightening!! Thank you for your time.
Oh, also, we live in Pennsylvania
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 8:29 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. What would be a good "guestimate" of when we could expect his first check and back pay?

A. Around here, if you get everything in to them on time, about a month and a half from when you get the judge's decision for SSI and 2 months for Social Security Disability.

Q. Next, He has been declared since his first date off work which would be Sep 2001. Should he be getting backpay from march 2002? Or is it just back 12months from being awarded SSDI?

A. Don't know. He gets SSDI from the 6th month after he becomes disabled, or a year before the date of his application, whichever is later.

Q. Will our children get back payments?

A. They will get payments that go back exactly as far as his.

Q . Should they receive 50% of his monthly benefit?

A. Sort of, but their checks are limited by the "family maximum," so don't go out and adopt 6 kids.

Q. Also, exactly what do they mean that the spouse will also receive benefits if she is caring for the children?

A. If ya'll have any kids under 16, and you are not working at all, you might get a check that is exactly as much as one would be if you were another kid. However, yours is reduced if you work, in the same way it would be if you took early retirement. As a practical matter this check might not benefit the family, if your kids are already getting the family maximum. In that case they reduce the kids' checks by the exact amount of your check.

Q. I was off work for over a year from Mar 2002 til Apr 2003 due to various medical conditions and a problem pregnancy. Will I qualify for spouse benefits from my husbands SSDI benefits too?

A. Not because of your disability, so long as he is alive and you are under 50.

Q. (You didn't ask). If I have health problems that might disable me in the future, should I work?

A. If it is not medically dangerous, you should work and earn credits, so you will have a chance at getting disability benefits on your own record if you become disabled.

I do appreciate this website. It has been very enlightening!! Thank you for your time.

Sure.
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Katie King
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Posted on Sunday, September 05, 2004 - 2:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was married 24 years and then after 10 years remarried to someone else for 29 months. We are getting a divorce. I do not have enough credits to get my own Social security. Could I collect when I am 65 on my first husbands? thank you.
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Paul McChesney (Admin)
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Posted on Sunday, September 12, 2004 - 6:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

On your first husband's record? Probably, when you are 62. On your second? Probably not. The regulation says that a divorced spouse can collect under her ex-spouse's record under the following conditions:

"(a) You are the insured's divorced wife or divorced husband and--
(1) You were validly married to the insured under State law as described in § 404.345 or you were deemed to be validly married as described in § 404.346; and
(2) You were married to the insured for at least 10 years immediately before your divorce became final;
(b) You apply;
(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married throughout the month in which the divorce occurred);
(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met; and
(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife's or husband's benefit.
(f) You have been divorced from the insured person for at least 2 years."
20 CFR SEC 404.331
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j brown
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Posted on Saturday, October 02, 2004 - 11:59 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband died 1972 after 9yrs marriage. I am now 60yo & recvd SS paper showing enough earned credits @ age 62 for extremely small retirement benefits. I have high blood pressure, enlarged heart & have to go to work every day in horrible, severe pain due to MRI dx recently for ruptured lumbar disc preventing me from doing everything including walking, standing,cooking,bringing groceries into old apt I live in & all other simple every day things. Pain so severe that I had to immediately lay down on sidewalk in front of everyone looking @ me until pain subsided enough to limp bk to car when in public & have stayed out of public places since that time, going only to work & to apt bed after getting off work. I live alone w/no one to take care of me & cannot afford to miss one day work. I also can no longer perform nursing jobs as before & have had to take $8.00hr adult sitter job for past 2.5 yrs due to not being able to stand or walk on jobs as before. Since I am now a 60yo disabled widow..can I apply for disability & receive it in order to stop working & stay completely off feet with necessary bed rest per spine specialist instructions? SS says I must be out of work 1 yr to apply..but I have absolutely no way to pay rent unless I continue working 6 days wk.
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j brown
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Posted on Sunday, October 03, 2004 - 12:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband died 1972 after 9yrs marriage. I am now 60yo & recvd SS paper showing enough earned credits @ age 62 for extremely small retirement benefits. I have high blood pressure, enlarged heart & have to go to work every day in horrible, severe pain due to MRI dx recently for ruptured lumbar disc preventing me from doing everything including walking, standing,cooking,bringing groceries into old apt I live in & all other simple every day things. Pain so severe that I had to immediately lay down on sidewalk in front of everyone looking @ me until pain subsided enough to limp bk to car when in public & have stayed out of public places since that time, going only to work & to apt bed after getting off work. I live alone w/no one to take care of me & cannot afford to miss one day work. I also can no longer perform nursing jobs as before & have had to take $8.00hr adult sitter job for past 2.5 yrs due to not being able to stand or walk on jobs as before. Since I am now a 60yo disabled widow..can I apply for disability & receive it in order to stop working & stay completely off feet with necessary bed rest per spine specialist instructions? SS says I must be out of work 1 yr to apply..but I have absolutely no way to pay rent unless I continue working 6 days wk.
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Sheila
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Posted on Monday, October 04, 2004 - 11:00 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I recieve SSI and disabled.I had a Traumaic Brain Injury in 1997,If I was to get married will I get a check.Will I get Social security disability.My fiance has a good job.Please help. Sheila
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 8:34 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sheila, if you are truly getting SSI, your marriage can affect your check. If your husband makes a lot of money, that can disqualify you for SSI.

Many people who think they are getting SSI are actually getting Social Security disability. If that is what you are getting, marriage will not affect your check.

How to tell? SSI always comes on the first of the month, comes in a blue envelope, and the check has the words, SSI just before the dollar amount.

Social Security disability comes on the 3d or some other day, comes in a brown envelope, and does not have "SSI" just before the dollar amount. If a check is above about $600, I believe in most states it must be a Social Security disability check. If you worked for many years, right up until the date of disability, it is probably a Social Security check.

But don't go by this! Go down to the Social Security Administration office, use up a day out of your life, and be positive!
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Joy Lyle
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Posted on Wednesday, October 20, 2004 - 8:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is 62 and recently diagnoised with cancer. If he should pass away before he reaches full retirement would I be able to collect SS on my husband? I think about this alot. I'm 60 years old. We are both still working. Together we make about $90,000. I don't know how old I would have to be in order to collect, if something should happen to him.
Thanks.
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 8:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Joy, you can draw widow's retirement if you are 60 or over and are not working.

That is not a complete replacement of your current income, of course.

The large problem that couples need to take care of in terms of financial planning is that the expense of caring for one of the couple is often close to the expense for caring for both; but when one dies you are left with the income for one only. If you can afford it, instead of spending all of the $90,000 on current consumption, you should spend a large chunk of it on filling that hole.

People can live on a lot less than $90,000, but most live on exactly whatever they earn, or a little more. Don't do that.
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Mary R. Adams
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Posted on Thursday, October 21, 2004 - 7:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello, My name is Mary Adams and we live in Arkansas. My husband is 60 and is on SSD. I drew a check until our daughter turned 16 and so did she until she turned 18. She is now 20 and a full time student in college and we heard that she can draw benefits on her dad's claim. Is this true and if it is how do we go about getting it for her?
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 7:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

No, it is not true, unless she is or becomes disabled before her 22d birthday.

Benefits for children of the disabled used to continue to 21 or 22, but now only until 18, or 19 for full time high school students.

I get that question a lot because people have heard of the old rule, which has changed.
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Marge
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Posted on Monday, October 04, 2004 - 6:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

PAUL IAM ON DISABILITY FROM SCHOOL RETAIRMENT IAM 58 MY HUSBAND GETS SSD I ONLY GET UNDER 100.OO A MONTH THE OTHER 400.00 GOES TO COVER ARE HEALTH INS. WOULD I BE ENTITLED TO HALF OF HIS DISABILITY CHECK? WE HAVE NO CHILDREN IN OUR HOME WE are not on SSI Thank you
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 12:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I don't think so, but there could be something I am missing.

You can get a retirement check once your husband retires and you are old enough to retire, but if he is drawing disability you cannot draw any sort of check off of his record, unless you have his under 16 year old child in your care.

You should be able to draw a disability check on your own record, if you have worked enough to be eligible. Be sure to check on that.
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Linda Doiron
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Posted on Wednesday, November 17, 2004 - 7:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is 55 and draws SSD. We live in NC. I work part time but want to open a business in my name and be self-employed. Will my income from this business affect his disability payements?
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Paul McChesney (Admin)
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Posted on Friday, November 19, 2004 - 5:58 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

No, not if what you are drawing is SSD, that is Social Security Disability.

If it is SSI, it might.

One third of the people drawing SSI assure me they are drawing SSD.

One third of the people drawing SSD assure me they are drawing SSI.

So be sure what he is drawing.
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Deb Christiansen
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Posted on Sunday, December 12, 2004 - 5:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been struggling with severe depression and anxiety for years and have now been diagnosed with Bi-polarism. I am getting worse as time goes by and it is becoming increasingly difficult to work. I am afraid that my doctor will eventually tell me that I need to quit my job. My only concern here is if my husband makes too much money for me to qualify. What is the limit? Thank you!!
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 8:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Deborah: No limit, if you qualify for Social Security disability, as opposed to SSI. You have to have worked enough to qualify, which most folks do if they have worked fairly steadily. To find out for sure if you have worked enough, go to www.ssa.gov and order your earnings record; it will say whether you qualify.
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DonaldLindberg
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Posted on Friday, December 17, 2004 - 11:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 64 and divorced from my wife of 15 yrs. She is telling me that when I reach full retirement she can get one half of my benifit amount. Does this mean I will get only half of my benifit, or will I get my full benifit and she will get an amount equal to one half of my benifit?
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 7:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Donald: It will not cost you anything. She will get one half of your benefit amount, but you will keep drawing your full benefit.
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lynda stack
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Posted on Monday, December 27, 2004 - 11:34 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I will be 60 years old in july,2005.My husband died in 2000,when I called ss dept. to have his checks stopped they told me to call them before I turned 60 about widow benefits. Can I draw widow benefits until I'm 66 and then switch over and draw my retirement?
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 7:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Yes. Or you can start widow's checks at 60 and switch to your own checks at 62, at a lower rate.
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carol wood (Unregistered Guest)
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Posted on Monday, February 21, 2005 - 12:58 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband had a stroke at52 years old. i have been taking care of him for 10 years , iam now 60 he is a cva and does nothing for himself. our health insurance is eating up his social security.is there any way ican get paid for taking care of him?
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Posted on Tuesday, February 22, 2005 - 11:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I have a question. My daughter's biological father lives in N.C. & diagnosed w/ Lupus. He is collecting SSI, due to lack of work credits being a college student. We live in PA & Paternity has always been established although he does not contact her. She has never recieved child support as PA always tosses it out due to his disability. Is she or will she ever be entitled to any money to collect off of her fathers disability? I believe they reported to the state of N.C. that he does not have any children?? Would i need to go through my state or his state? Any help would greatly be appreciated. THANKS! PS. She is 7 and he has been "disabled" for 5 years now. I believe he is back in school and may even be working?
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Donna Carter (Unregistered Guest)
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Posted on Friday, March 04, 2005 - 8:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I will be 60 in August, 2005. My husband was killed in an industrial accident 6 yrs. ago. In Ar. when is a widow eligable to draw on husbands social security. I receive a monthly income from an annuity plan. Will I still be able to receive his SS? I would like to know all possibilities. Thanks
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Paul McChesney (Admin)
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Posted on Saturday, March 05, 2005 - 10:56 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

When you are 60, if you are retired, you can draw on your deceased husband's record if you have not remarried. The annuity will not affect your benefis, unless yours is one of very rare sort, that is designed to be a substitute for Social Security.

You could also file right now for widow's disability insurance on your husband's record.
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Anonymous
 

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Posted on Thursday, April 14, 2005 - 1:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 60, divorced since 1980, and am on SSDI, from childhood polio. I will be 62 in 2006. My ex is also on SSDI at age 63, for the same reason. Is there a way I can receive part of his SSDI as a disabled spouse after a 15 year marriage???? I have been receiving SSDI since 1998 after a stroke in addition to the other problems.
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Paul McChesney (Admin)
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Posted on Tuesday, April 26, 2005 - 6:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: You can draw retirement from a living spouse, but disability only if he is deceased.
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Ruth Lanham (Unregistered Guest)
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Posted on Friday, April 15, 2005 - 10:58 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband (age 62) draws SSD in the amount of $1135 per month. I am age 54 and unable to hold a full-time job due to diabetes complications. I work part-time but may not be able to continue much longer. I earn $120 per week. Can I draw SSD also? Or possibly SSI? According the the last SS Statement I will only qualify for about $300 per month but it would help.
Thanks
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 4:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ruth: Possibly. You should file. Steady work at a low income level makes for a disability claim that is sometimes difficult, but not impossible. Talk to a lawyer; me if you live close by. File, and as the hearing approaches, the situation may clarify itself. Keep a SS case going at all times. Remember that you must work, or file a claim, or both, but not neither. Good luck.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 7:59 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sally: The short answer is, "no," but that is highly misleading.

Your daughter should go down to the Administration and file for the child's benefits the law says she is due. She can get benefits for the months that you are entitled, if during those months she was either under 18, or else 18 and going to high school full time.

Once she becomes an adult, however, past due money goes to her instead of you, unless you can prove she is the sort of person who must have a representative payee.
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Posted on Wednesday, May 11, 2005 - 1:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I HAVE BEEN DIVVORCED 5 YRS. AGO,I WAS MARRIED TO HIM OVER 40 YRS,I AM 66 AND WANT KNOW IF I GET HALF OF HIS SS CHECK,HE ALSO WAS DISABBALD AND NOW COLLECTS S.S.,PLEASE TELL ME HOW THIS WORKS.
HE GETS 900.33 A MO. AND I GET 575.00 SSI.
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Paul McChesney (Admin)
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Posted on Sunday, May 29, 2005 - 7:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Assuming he is drawing retirement benefits, as a divorced spouse, you can draw benefits based on his record.
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ingrid allen (Unregistered Guest)
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Posted on Tuesday, May 31, 2005 - 11:17 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My Girlfriend is 5 yrs married to a disabled man she is 47 and he is over 65 and given only a year more to live. She has spent the last 4 years caring for him and has not worked . When he dies can she get his ss or diability or widow benifits?
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:55 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ingrid: At some point, possibly. She would be able to draw widow's retirement benefits at 60, or disability benefits if she is over 50 and disabled, if she becomes so within 7 years of his death. If she is raising his child, grandchild, or disabled grandchild, that raises other possibilities.
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Posted on Monday, June 06, 2005 - 6:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

1 am 52 and on ssdi for 16 months now. my wife has not worked out side the home,. would she be able to receive any benefits at all?
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:51 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: Only mother's benefits, if she is raising your dependent child or stepchild who is under 16 or disabled. In certain situations, a dependent grandchild raises the possibility of getting dependent's benefits.
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Flora M. Dixon (Unregistered Guest)
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Posted on Thursday, June 16, 2005 - 2:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has cancer and is on SS Diability. I have left my job to stay home and care for him. We have a 13 year old granddaughter who is in our custody. Her father is permanently disabled. Her mother has two small children and has many emotional problems. She cannot hold a job and does not pay child support. What are the rules for such cases? Can we get benifits for our granddaughter?
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 12:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ms Dixon: You should get to a good Social Security lawyer right now. You might have to adopt; I cannot say for sure if it will work, so you should see an attorney and give him all your facts. It depends whether the father has been supporting, and a few other things.
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Mildred R. Baxter (Unregistered Guest)
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Posted on Saturday, June 18, 2005 - 7:20 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband was approved for disability, he passed
away before collecting his first check. We were
married for 25 years. What happens to the back
pay? Also we had full custody of a grandson whom
the court found to be dependent on my husband.
Can I adopt him and get survivors benefits?
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:48 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ms. Baxter: You need to get a lawyer right now! It is probable that you are entitled to get the lump sum of back benefits that was due your husband, and it is probable that if you adopt you might get survivor's benefits for the grandchild, and maybe other benefits for yourself, depending on facts I don't know.

But your case is unusually complex, and that's why I suggest talking to a lawyer right now. Watch your deadlines!
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Posted on Wednesday, June 22, 2005 - 5:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a question about who qualifys for social security disability, I am 60 years old and was told i could qualify on my husbands social security he is a retiree, even though i was a stay at home mother, I do not have enough work credits to qualify on my own even though i have been hit by lightning 9 years ago and now can"t get around because of failed back surgury is there any help out there for me.
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: Yes, you can draw retirement benefits on his record, but you have to be 62. If you were his widow you could draw at 60, or perhaps earlier if you were disabled.
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Anonymous
 

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Posted on Monday, June 27, 2005 - 8:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my girl friend has a perminant diability trumatic brain injury and recieve ssi with medicaid connected to it. she cannot get health insurance due to a different medical issue unconnected to her disability. she was married for 14 years.can she draw on her ex-husbands social security record and recieve disability.she was disabled and had been a homemaker durring the marriage for 5 years before the divorce. she is now in her early 50s. We had heard that the ex-spouse may be applying for ss disability and medicare he is in his 50s .
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous:

You can collect retirement benefits on your living spouse's record, and sometimes on your ex-spouse's record,

You can collect mother's benefits if you are caring for an under 16 year old child, or an older disabled child, of a disabled or deceased person,

You can collect disability benefits on a deceased spouse's record or ex-spouse's record under certain circumstances,

But otherwise you cannot collect on your spouse's record.
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tAMIE BLACK (Unregistered Guest)
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Posted on Tuesday, June 28, 2005 - 5:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Is this true if your spouse is on ssd the other one does not get to collect any part of this when they turn 62 or 65 unless there is a child? Any one please answer this Thanks
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You can collect retirement benefits on your living husband's record, but not benefits because you are disabled.
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nikki wieclaw (Nikkiyclaw)
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Posted on Friday, July 08, 2005 - 1:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I UNDERSTAND THAT MY SSI BENEFITS WILL BE AFFECTED IF I MARRY. WHAT I DO NOT UNDERSTAND IS THAT I ALSO RECIEVE BENEFITS CALLED "SSA"(NOT SSDI) IT IS A DISABILITY CLAIM BUT I DON'T UNDERSTAND WHAT IT IS OR IF IT WILL BE AFFECTED IF I MARRY. DO YOU HAVE ANY IDEA WHAT THIS CLAIM IS?
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Chris Brown (Unregistered Guest)
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Posted on Wednesday, July 27, 2005 - 2:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am disable and have applied for Social Security Disability Insurance. My wife and step daughter are not American citizens. Once my SSDI is approved will my wife and step daughter get a check also? I
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donna (Unregistered Guest)
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Posted on Saturday, July 30, 2005 - 9:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

question..my husband receives disabiliy. can i draw because i stay home with him. he cannot stay by himself.does this make me eligible for a monthly check?
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Paul McChesney (Admin)
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Posted on Tuesday, August 02, 2005 - 1:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

No, not unless you have a minor child, under the age of 16, by him.

(Message edited by admin on September 24, 2005)
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Elbert (Unregistered Guest)
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Posted on Wednesday, August 03, 2005 - 10:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Am recieving ssdi. husband passed away. left a life insurance policy. will this affect the ssdi?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 7:58 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ms. Elbert:


Not SSDI. It could affect SSI.
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Beatrice Smith (Unregistered Guest)
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Posted on Saturday, August 27, 2005 - 7:32 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 55 years of age, my husband is 65 can I draw
a check from his social sucurity while he is receivng his benefits
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 7:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ms. Smith: So long as he is alive, off his record you can only draw retirement benefits, and that after you are 62.
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Anonymous
 

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Posted on Friday, September 02, 2005 - 10:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 56 and drawing ssd on my work record. My husband has made more than me, can i draw off his record?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 6:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Not if he is alive.
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Brenda smith (Unregistered Guest)
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Posted on Sunday, September 04, 2005 - 1:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 44 years old and suffer from schizophrnic and major depression along with some other problems,when I applied for my ssi I was living with my husband now we are separated will that have an effect on me getting my ssi? Do I need to tell the socail sercurty office?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 6:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You need to tell them. Your SSI is reduced if your spouse, who is living with you, has a high income. Since he is not living with you, you might be entitled to a little more SSI.
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ARLENE MORRIS (Unregistered Guest)
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Posted on Tuesday, September 13, 2005 - 8:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband has been deceased since 2000. He served in the US ARMY for a couple of years I want to know if i can draw his disability. He also worked for DPW at FSGA 31314.
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 4:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I don't know much about any benefits you might be entitled to as his widow from the Army.

From the Social Security Administration, it depends. If you were married long enough and are over 60 or over 50 and became disabled within 7 years of his death or of your last mother's benefit check, and if you are not remarried, probably.
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Nan (Unregistered Guest)
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Posted on Thursday, November 03, 2005 - 7:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul I will be 60 in the next four monthes. My husband is on ssd. can I get half of his benefits? Iam on disability from sers.but it is not as much if i could get part of his Could you please help we have no children in the home my check is very small.200.00 amonth thank you
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Nan: You can only get retirement benefits on the record of a living spouse. They are not available to you until you reach 62.
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rudy ramirez (Unregistered Guest)
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Posted on Tuesday, February 28, 2006 - 2:03 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have recently been awarded Social secueity disability and will be recieving a backpay lump sum. I understand that My dependent can also be awarded backpay. I am divorced and my Cort Orderd support is paid in full. I would like to know if my dependents SSDI backpayment can be concidered overpayment. I met my responsabilities when times were tough with help from my family. I would like to repay them for their help. why should my X benifet from my disability when I was able to stay current. It wasn't easy.....Does anyone know?Should I get an attorney to recoup what I've paid out? Rudy
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Rudy: You ask a very reasonable question. I have no idea whether you might succeed in this argument. If you want to try it, hire a lawyer quickly, before the money is spent.
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SALLY CREAVEN (Unregistered Guest)
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Posted on Wednesday, March 01, 2006 - 12:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a dependit child and just was awarded SSD AFTER FIGHTING FOR TEN YEARS TO GET IT . MY QUESTION IS CAN i GET BACK PAY FOR MY CHILD FOR THE YEARS i WAS FIGHTING ? And is she albe to get college funds now that she is still in school? She is 19 years of age.
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cindy (Unregistered Guest)
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Posted on Wednesday, March 01, 2006 - 4:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband receives Disability benefits. I had our first child on the first of last month. I am on maternity leave from my job. I will receive $1,500.00 gross per month until August and then I may quit working and stay at home full time. I am a teacher. Will my child and I be eligible for benefits through my husband?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 7:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Cindy: A mother of the child of a disabled worker can draw a check if the child is under 16 or is disabled. Theoretically, if you don't work the check is for half the benefit amount of the worker, but there is also a "family maximum," and usually that further restricts the amount of your check.

As you start working the amount of your check goes down in the same way it does for somebody who retires at 62 and works a little.
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Posted on Thursday, March 09, 2006 - 12:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am age 60 and can retire at 66. My current husband is not an American citizen and we live out of the US. He is quite ill so I have this concern.

If I begin drawing my own Soc Sec benefits at age 66 (very low) and my present husband dies later, can I make a change and draw the higher benefits that I would get from drawing on my ex husband´s account? We were married 14 years.

Or can you only file one time for benefits with no further changes?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 7:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. If I begin drawing my own Soc Sec benefits at age 66 (very low) and my present husband dies later, can I make a change and draw the higher benefits that I would get from drawing on my ex husband´s account?

A. Yes.

Q. Or can you only file one time for benefits with no further changes?

A. That is not a problem here.
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Posted on Friday, April 07, 2006 - 11:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a parent that is disabled and my mother has to take full care of him. He draws a disability check, but moma can not work because she takes care of him. Is there anything she can do to get a check to help on the care for him.
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barbara (Unregistered Guest)
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Posted on Saturday, April 08, 2006 - 11:59 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i am recieving mothers benefits caring for disabled child ... i understand my son will continue to recieve his benefits after the age of 18 because he is will continue to be in high school also he has been disabled since birth was recieving ssi before his father died ( will i have to re file at age 18?) also when will my benefits stop he is now 17 will be 18 in july ...???
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cindy (Unregistered Guest)
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Posted on Monday, April 10, 2006 - 1:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is Cindy again. I posted a message on March 1, 2006. When we went to the SS office to register our child, the caseworker said that I could receive a check but they would just cut my daughter's check in half, I'd get one half, she'd get the other. I told her just to give my daughter the full amount. I thought that the spouse of a disabled person would receive a benefit also, but they said "No." Could this be correct? She said that no matter how many people applied, they could only get one amount split that many ways. Isn't that strange? Is it true?
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Cassandra Brown (Unregistered Guest)
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Posted on Friday, April 14, 2006 - 3:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I receive SSI and my husband gets SSDA he is in end stage renal failure. We are not together.
What I need to know is am I entitled to Some of his benefits beign that I get SSI and it is a lot less than what he receive. We do not have any minor children. My SSI is $603.00 and His SSDA or whatever it is he gets is $900.00.
Can you plz. let me know if there is anything that I can do. I just can't live off of what they are giving me.
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wanda (Unregistered Guest)
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Posted on Tuesday, April 18, 2006 - 4:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has alzheimers and can no longer be left on his own. Could I as his spouse collect disability in order to give him the care that is now required? Also if so for how long?
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Posted on Thursday, May 04, 2006 - 3:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i receive disabilty been married 35 years seperated for 5 years my husband has just started receiving disability he received a lot more than i can i drew off him and receive more
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Connie L Spencer (Unregistered Guest)
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Posted on Saturday, May 06, 2006 - 3:20 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband will be receiving his DSS in a few months. He is wonting me to quit work. In the event of his death God forbid would I receive his benefits I am 55
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Anonymous
 

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Posted on Friday, June 23, 2006 - 5:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

[ started recieving ssi and ssa about 3years ago is my child able to recieve a check off my ssi or ssa and i heard that once you become disable the state helps to pay off most of the bills such as car payments and student loans is this true

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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