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.

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

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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

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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.