advertisement
Reply
 
Thread Tools Display Modes
Old 12-17-2013, 10:54 AM #1
MelodyL's Avatar
MelodyL MelodyL is offline
Wise Elder
 
Join Date: Aug 2006
Posts: 8,292
15 yr Member
MelodyL MelodyL is offline
Wise Elder
MelodyL's Avatar
 
Join Date: Aug 2006
Posts: 8,292
15 yr Member
Default 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
__________________

.


CONSUMER REPORTER
SPROUT-LADY



.
MelodyL is offline   Reply With QuoteReply With Quote

advertisement
Old 12-17-2013, 12:01 PM #2
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Default

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
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Mz Migraine (12-17-2013)
Old 12-17-2013, 12:27 PM #3
Mz Migraine Mz Migraine is offline
Member
 
Join Date: Mar 2010
Posts: 496
10 yr Member
Mz Migraine Mz Migraine is offline
Member
 
Join Date: Mar 2010
Posts: 496
10 yr Member
Default

I pity the SS claims rep reviewing a file where there are multiple ex-spouses (more than 3) applying for benefits.
__________________
"Invisible" Disability
.
Mz Migraine is offline   Reply With QuoteReply With Quote
Old 12-17-2013, 01:54 PM #4
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Default Could be wrong

Quote:
Originally Posted by MelodyL View Post
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
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.

Last edited by Hopeless; 12-17-2013 at 03:37 PM. Reason: Correcting wrong info
Hopeless is offline   Reply With QuoteReply With Quote
Old 12-17-2013, 02:16 PM #5
echoes long ago's Avatar
echoes long ago echoes long ago is offline
Senior Member
 
Join Date: May 2008
Location: new york
Posts: 1,579
15 yr Member
echoes long ago echoes long ago is offline
Senior Member
echoes long ago's Avatar
 
Join Date: May 2008
Location: new york
Posts: 1,579
15 yr Member
Default

ssi is means tested not ssdi.
echoes long ago is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Hopeless (12-17-2013)
Old 12-17-2013, 02:37 PM #6
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Default

Quote:
Originally Posted by Jo*mar View Post
[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..
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Hopeless (12-17-2013)
Old 12-17-2013, 03:31 PM #7
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Default Wrong letters

Quote:
Originally Posted by echoes long ago View Post
ssi is means tested not ssdi.
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.
Hopeless is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
echoes long ago (12-17-2013)
Old 12-17-2013, 03:50 PM #8
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Hopeless Hopeless is offline
Senior Member
 
Join Date: Jun 2013
Location: USA
Posts: 1,232
10 yr Member
Default Unmarried or never RE-married???

Quote:
Originally Posted by Jo*mar View Post
[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..
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".
Hopeless is offline   Reply With QuoteReply With Quote
Old 12-17-2013, 08:58 PM #9
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,678
15 yr Member
Default

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
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Hopeless (12-17-2013)
Old 12-17-2013, 10:29 PM #10
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Default

Quote:
Originally Posted by MelodyL View Post
Hi.

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?

Thanks much
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.
Janke is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Hopeless (12-17-2013), Mz Migraine (12-18-2013)
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
presumptive disability benefits jimh Social Security Disability 2 08-07-2013 11:35 AM
social security disability benefits. gilbert Social Security Disability 1 09-26-2011 02:12 AM
Husband awarded Disability oldhen53 Social Security Disability 15 08-12-2011 03:35 PM
Husband Disability-Now What??? oldhen53 Social Security Disability 13 02-24-2011 03:38 PM
Is a wife entitled to any part of her husband's disability income? MelodyL Social Security Disability 17 02-16-2009 01:31 PM


All times are GMT -5. The time now is 01:35 PM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.