Wife denied disability
 

My wife suffered a stroke on jan 20th. I filed for her ss disability and promptly got a letter saying she did not have enough credits to qualify. She has not worked since 1998 because she was medically retired from Federal Express. filed for disability back then but was denied.

I read on her SS statement that you need 37 credits to qualify for disability benefits and 20 of those have to be in the last 10 years. How can she earn credits when she could not work because of prior medical limitations.

Now, because of the stroke she cannot talk and has no use of her right arm or leg.

Do we have a case if we appeal or is the 20 credits earned in the last 10 years a real sticking point. This really sucks, she worked, paid into SS and now when she needs it she probably stands no chance of getting her disability.

Any suggestions will be greatly appreciated.

SSI? I don't really know. Maybe some one else does.

I really don't know the in's and out's of the Social Security system but I would suggest contacting an attorney that specializes in Social Security Disability.

They may be able to answer your questions. I'm pretty sure they would do so without a fee.

I wish you and your wife the best.

:hug:
Abbie

If there is any way you can change her date of disability to when she retired for medical reasons from her job, then she will in effect have enough credits. I don't know how that works though, or even if it's possible to do. I do know I've been denied then my appeal was denied and I'm awaiting the decision on the reconsideration of my appeal, but I retired due to disability with no problem at all from my company. If there is any way you can re-open her original application for benefits and appeal the decision that would be the best. If not, the only way to go IMO would be to set her date of disability somewhere that falls back far enough to encompass the required credits to apply. SSI won't be of any use to you if she's getting a pension since it is needs based, unless that pension is less than what the SSI benefit would be and her assets are less than 2 grand in the bank. I think she's allowed to own a car and home. Since she was effectively out of work due to disability during this entire time, it probably would have been better to keep on the original claim for benefits and seek counsel (hire an attorney specializing in SSDI law), but what's done is done. The same advice still holds water though. A competent attorney will know when you should set the date of disability for and if there is a strong enough case for them to take it on then it usually means that you will probably win at some point. It's wrong of SSDI to deny people who can't work because they are legitimately disabled, especially when there are medical records and cat scans or mri s to back up the claimants testimony. The one upside is that once she is finally approved, there may be some backpay coming to her which will help in the short term to catch up on bills or buy a new car or make the home more handicapped accessible or whatever it is you need. I wish you both all the best and hope everything works out!

Did she apply for SSDI or SSI? If it was SSDI, there isn't much you can do)I may be wrong about that) but it sounds like she would qualify for SSI which is better than nothing at all.

Abbie is correct, get a SS attorney. It might be possible for SS to reach back to the day your wife could no longer work. Retro pay may not figure into the equation however.

Bearnst,

If she had to retire because of medical issues back in 1998, why didn't she apply for SSDI then ?

You could look into SSI which is for those who are low income and disabled or of retirement age, but the rest of your household income would have to be low enough and you can only have limited assets (I think $3000 if you are married not including your house and car)

Hi bernst
 

I did have trouble with this too as I was sick with no insurance most of my life. I almost didn't have enough credits (paid into it enough) to qualify. I had to go back through records to a big sale I had and prove I worked that quarter. I was an artist who traveled around the country so I had my own business. It was a tight squeeze and I did go before a judge gratefully before it was all said and done. I was granted my dissability before that judge. This credit issue is a problem. Can you seek a legal aid for SSD to help see if there is a way? There has to be a way to get coverage if you are sick all along. If people can get into our country and get benefits in three months, surely there has to be a way for citizens to get that coverage when they are sick. Go to your congressman or woman if you have to. Ask for help. amd hopefully there will be some people on this site to help you. There is a SSD thread also for this subject with some very smart people there, encluding a legal aid person. Ginnie

wow that sucks. i hope you get helped, there is a legal guy who posts here. he has his own thread, i'm sure he could offer advice. check "the stress and emotions of ss disability" thread for legalmedia's input. good luck!

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.

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.

*edit*

Some people are not eligible for benefits because of their lack of sufficient work history or assets (for SSI).

*edit*

Re: Trust fund
 

based on my own situation on a trust, I would not set up a trust for anyone . The attorney who set up my mothers trust for me, did not know any of the rules that involved Social Security. DCF, SSDI Medicare, and medicaid. All of these agiencies have different rules involving trusts. It is also a grey area in the statutes, where the trust is open to interpretation by each agency. In my case I was not allowed to keep my trust with monies to pay taxes. As long as it was to benefit me, I was denied. All monies had to be used, and there was no other way to go. If a trust is set up, make sure the attorney knows the laws. I had to have under 2,000 or some such low number, before I qualified for help. Trusts are tricky, and it didn't work to help me. ginnie

*******************************************

*edit*

Per ssa.gov http://www.ssa.gov/pubs/10029.html#part5

This state agency completes the disability decision for us. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They will consider all the facts in your case.

Sorry to butt in, but there is a valid point on both sides here. While any layperson would likely be able to determine that someone is disabled just by comparing their condition with those in similar circumstances, there are indeed different definitions of disabled. I just received my fully fav. decision yesterday, after almost 4 years of fighting, and one thing that I did glean from it was that the SSA has their own method for determining whether a person is disabled. That doesn't mean that they aren't disabled as far as real life is concerned, or even as far as one's employer or long term disability insurer is concerned, but it means that the SSA doesn't recognize a private MD's opin as to whether a person is disabled. The SSA has their own 5 step process that determines disability, and if a person is determined to not be disabled at any step, they are considered able to work and not disabled, regardless of whether your employer has given you a disability pension, your long term disability insurer has determined that you are disabled, or that any number of MD's have declared that you are disabled. No weight is given to an opinion by an MD stating that a person is disabled, but weight is given to opinions supported by medical documentation and tests, MRI's, CAT scans, X-Rays, etc, that support the medical opinion. This is likely due to the SSA being a government agency and therefore able to operate outside of the normal rule of law which would apply to employers and insurers. In fact, any insurance claim that could go either way (for or against) an insured must lean in favor of the insured, by law.

Due to all of these complexities there was probably a misunderstanding between you good people somewhere along the way. Be well!

I actually consider myself a little more than a layperson I have a law degree and have taken two cases to the Appeals Council and won took one case to the Federal level and won but enough with my resume, the poster said she can't talk and has lost the use of one arm and leg. The word stroke also caught my attention. Can this woman substantial gainful activity- I think no - does she qualify for residual functional capacity. I think yes. I'm pretty sure she is disabled. Hope you feel better, even though you won your case unfortunately your still sick. Take Care.

I was just trying to smooth things over where I saw some tension, that's all. Certainly, with your credentials you rise above the level of a layperson. I guess I was also trying to poke a little fun at the absurd way the SSA puts it's process. I used to be a comedian and I always try to find a way to fit a smile into a convo if it possible to do so. You're right though. I'm still sick and only getting worse. I'd rather be working and healthy considering the pain I endure on a daily basis. And I guess that's why I commented too. I know how confusing just filling prescriptions can be, even as a health insurance company employee I often had to make calls back n forth to the MD, pharmacy, health plan just to get a medication. Most pharmacies won't tell you about prior authorizations, or work with your MD to procure one for you. So even though you aren't a layperson, the other party is, and from their point of view, they see it as the SSA tells it: that only the SSA will determine if a claimant is disabled. They should have qualified their remark by saying "according to the SSA", that's all.
May I inquire as to what state you are licensed to practice law in? I'm from RI originally, then lived in NYC for many years where I was a writer, comedian and tv personality along with a day job in health insurance before retiring in FL after my injuries became too debilitating.

A comedian, that's what we need around here a sense of humor. I'm not licensed but was a certified paralegal in Florida. I moved from FL because it was just to darn crowded and hot, I just got so tired of all the violence. I live in a very small town now in Georgia. Where it snows and we have 4 seasons. It may not seem like much to you being from the Big Apple but I'm like a little kid when it snows. I'm thinking about taking the C.L.A again but once you have the experience you really don't need it. It's just for show. My professors at the University I went to, tried to get me to take the bar, but I just don't like lawyers. So I would end up hating myself. It must be a real bummer to have all that talent and not be able to use it. Thank you for seeing a potential problem and trying to smooth it out, but I've been around some of these people for a couple of years and we just don't get along. So the only thing you can do is avoid it. I guess your a night owl? I have insomnia, so I'm up a lot. Well thanks for writing back and I feel so bad you couldn't continue your career. *edit*Well it was good chatting with you and hope to talk soon. Take care of yourself.

I had to laugh when I read trust fund. You and I both know this is not a good idea. Trust Ginnie when she says don't do a trust fund she knows what she is talking about believe her she knows. I did some research on it and like she said the law is so gray that they can interpret it anyway they want.

I was going to tell the poster all of this when the poster returned. I was going to tell him about what they did to me, putting my name on my clients letter. So if they can do that then we should be able to do what we want. The posters wife can also file under his number if they were divorced, but I think they had to be marry 10 yrs. Believe it or not a lot of couples are getting divorced just so they can get their benefits. I read somewhere that if you have your own business you can file under your spouses number also, but it's late and I don't think the poster is coming back. Remember though if your spouse dies, you must file for disability within seven years. Here is the link. Every case is different so check with your case worker before you give up.

http://ssa-custhelp.ssa.gov/app/answ...tail/a_id/1648

I'll get it all straight tomorrow when I've had some sleep. Night all.

Like the link above states, it is the death of the spouse that possibly allows entitlement on a former spouse's record for disability. Divorce does not. A spouse or a divorced spouse can get retirement benefits at age 62. It is incorrect that divorcing a spouse allows a person to claim disability benefits on the divorced spouse's record. Age is what qualifies, not disability, as long as the divorced spouse is alive. Now, if the divorced spouse dies, there is the possibility of surviving disabled divorced spouse benefits. But you can't kill the ex-spouse to qualify. ;)

Yes, a sense of humor has gotten me through a few sticky situations. Some years ago, I was on a round of meds for the HIV that gave me severe anemia. My doc didn't diagnose me correctly, and sent me on my way, I couldn't climb a stair without losing my breath, and finally I went to the hospital, on the advice of my coworkers. I was so sick that the ER doc wouldn't leave my side for over an hour until the blood transfusions started to work. Even in my weakened state I was telling jokes. It's just in my nature, I guess. That's what I miss the most, doing my comedy shows. I used to love doing those shows. I always felt like I was the biggest star even though I was just doing small NYC clubs. Anyway, it's good that you are helping people with their SSA cases. I try to help with bits of advice where I can. I wrote for Body Positive magazine for a few years, had one of my articles reprinted by the International Labor Organization in Geneva, which was an honor for me, and that along with my work in health insurance gives me a small bit of knowledge to share on occasion.

I do just need to clarify this, as we do have to be very careful about "professional status" being represented here and possibly misinterpreted....
legalmania clarified this in a later post

I am also going to request again that members please remain respectful of one another even when disagreeing. One can disagree on the facts without becoming personally negative toward the other member. Our guidelines are very clear on this, and therefore I had to do some edits

This sounds to me, if you are found disabled then you can receive benefits under your ex-spouses record. Let's say you are found disabled when you are 58 when you turn 62 you can start collecting under your ex-spouses record if your benefits come out to be less than his.

http://ssa-custhelp.ssa.gov/app/answ...WU0yUjJDcWs%3D

http://ssa-custhelp.ssa.gov/app/answ...bled/related/1

Age and length of marriage. Not disability.

"How does a divorced spouse qualify for benefits?


A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:
•Was married to the former spouse for at least 10 years;
•Is at least age 62 years old;
•Is unmarried; and
•Is not entitled to a higher Social Security benefit on his or her own record."

thank you legalmania
 

Thank you for finding the sites to help people find information on their cases. The suggestions to do research and find out about things is invalueable. My lawyer that I had to hire, found the statues you mentioned. Nobody has to take anothers advise, but having the information, or at least a direction to go in, is needed by many people. That relief to at least find out about the laws, aids in not being so afraid, or feeling useless against agencies that just think of you as a number or case. We should welcome all information we receive, and then select what is appropriate for our own individual cases. This is about choice, and information. These are good things. ginnie:D:hug: