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.