Wife denied disability

Janke · 04-02-2011, 10:17 AM

Quote:

Originally Posted by legalmania

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.

stevesworldnyc · 04-02-2011, 11:13 AM

Quote:

Originally Posted by legalmania

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. Oh by the way if you don't believe me there is a site called Websleuths.com you don't have to register, but if you scroll down to "Up to the Minute" and look under professional poster you will see me legalmania paralegal. You have to submit documented proof of your credentials. Well it was good chatting with you and hope to talk soon. Take care of yourself.

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.

Chemar · 04-03-2011, 01:38 PM

Quote:

Originally Posted by legalmania

I actually consider myself a little more than a layperson I have a law degree .....

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

Quote:

I'm not licensed but was a certified paralegal in Florida.....

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

legalmania · 04-03-2011, 11:30 PM

Quote:

Originally Posted by Janke

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.

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

Janke · 04-03-2011, 11:46 PM

Quote:

Originally Posted by legalmania

This sounds to me like if you are found disabled then you can receive benefits under your ex-spouses record. With exceptions.

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

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."

ginnie · 04-05-2011, 02:22 PM

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

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