Question about benefits from husband on Disability
 

Hi. The only reason I'm putting this question here is because it's so complicated when you go on the SS website and I figured SOMEONE here can answer this.

My friend is 56. Her ex husband is on SS Disability. I know she can't collect anything now because no one is 62 yet. I know she is entitled to half her ex spouse SS benefits when she reaches retirement age and he turns 66. That much I discovered. (At least I think this what I read).

But she wants to know if, when she turns 62, and he is NOT yet 66, can she file for any part of his disability?

Not a dumb question. I couldn't find the answer anywhere. So is a spouse or ex spouse entitled to part of anyone's disability benefit? And does it matter if these people are home-owners??.

Thanks to anyone who can give me some answers.

Much appreciated.

Mel

Thanks much

I found this- has some requirements and rules.
http://ssa-custhelp.ssa.gov/app/answ...pouse-benefits
and
http://www.ssa.gov/retire2/divspouse.htm

Could be wrong
 

Hi Melody,

I could be wrong, dead wrong, but your question asked if an ex-spouse was entitled to part of anyone's disability benefit. I think the answer is NO. No one is entitled to "disability" benefits but the disabled person that was approved for disability. Now, retirement benefits, is an entirely different story and a different set of rules. I think you need to look at them separately. Check out retirement SS benefits, not disability. I am also making the assumption that the ex-spouse has not remarried and was married to the person upon whose benefits they wish to claim, for a long enough time frame. As far as being "home owners"....... that should only come into play if you are referring to SSI benefits. SS retirement and disability benefits are not "means" tested. SSI IS means tested and assets, including home ownership, is considered.

OK, I have rambled but the point I am trying to make is these are 3 different animals and 3 different set of rules and regulations.

1) SS benefits (retirement)
2) Disability benefits
3) SSDI(correction: should be: SSI supplemental benefits (assets matter) (In red is incorrect)

Sorry I can't give you a definitive answer. More facts would be needed.

Hope this helps a little.

ssi is means tested not ssdi.

[If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

You are unmarried;
You are age 62 or older;
Your ex-spouse is entitled to Social Security retirement or disability benefits and

The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work. ]

more rules & info on the links above..

Wrong letters
 

Thanks. That is what I was trying to say but may have used the wrong abbreviated letters. That is why I wrote out "retirement", "disability", and supplemental for what I should have listed as SSI.

I really do appreciate your correction as I would not want to give incorrect information. I confuse the letters. Thanks again.

Unmarried or never RE-married???
 

Hi JoMar,

As usual, you stated matters so very well. I do have ONE question. If a couple is married for more than 10 years and divorce. I will use Harry and Sally to keep things simple. Harry remarries and so does Sally to other people. Harry stays married to second wife but Sally divorces second husband after 8 years. She is currently un-married. Is Sally entitled to any of Harry's benefits? I was under the impression that Sally had to remain unmarried since leaving Harry in order to claim against Harry's benefits. Example, if Harry and Sally divorce and Harry remarries but Sally does NOT, she is entitled to claim under his work record if all other requirements are met. Harry could marry several times and each wife that stayed married to him for the required time frame would be eligible to claim against his work record as long as each of them did not remarry after leaving Harry.

I know of someone (Harry) that was married 3 times and each wife is receiving benefits under his work record and none of them ever re-married after being married to him even though some were married to others BEFORE being married to "Harry".

I didn't actually write that myself, it was a snippet from the ss website in the links I gave....there are more details on the links..about divorces and ex spouses, remarriage etc

NO. You can't find anything at the web site about it because it doesn't exist.

Now a disabled widow or a disabled surviving divorced spouse can sometimes qualify on a deceased spouse or a deceased former spouse as young as age 50.

But she can't kill him in order to qualify. That is an automatic disqualification. :wink::wink: