Quote:
Originally Posted by legalmania
Did you try filing under your number? If you have enough credits that may be the way to go. If not she is entitled to SSI only. There is no doubt she is disabled. You need to appeal right away. She at least needs to get on medicaid. If you go to DCF they will help you at least get medical help until you can get things straight with SS.
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The wife cannot qualify on the husband's earnings record unless the husband is deceased and she is at least age 50 and disabled or with his under age 16 children in her care OR the husband is entitled to retirement or disability himself and she is age 62 or has his children under age 16 in her care. Otherwise, she cannot qualify on his earnings.
If the husband and wife together have too much income or too much in resources, there wouldn't even be any SSI even though she is disabled. Like other posters have suggested, the best way is to try to prove that she was severely disabled in 2003 (five years after she stopped working).
This is an example of why people who can work a little should be earning enough to stay insured for Social Security disability unless they have enough money to manage without it, like a trust fund. This applies to stay at home parents or anyone who stays out of the work force for any reason.