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I receive offset WA. State L&I pension and SSDI. Can SSI use these for deeming husband's SSI eligibility? Any exceptions?? Help

Yakima, WA |

I have a work related injurthane I'm permanently disabled. My husband was awarded SSI before we got married. We were married, reported it to SSI, now he is ineligible for his SSI. He cannot get his SSDI because they say he doesn't have enough work credits, even though he is disabled per SSI. He needs medical due to a leg clot and subsequent complications! We can't afford medical insurance. How can they use MY pension based on MY WORK history and MY injury and MY SSDI for deeming what HE should be entitled to? Please help!

Attorney Answers 3


  1. SSI has two requirements for eligibility: the disability portion, which he meets, and the financial portion, which he no longer meets due to his change of circumstances. The total household income is used to determine eligibility, with some small exceptions. Whether the income comes from you working, your disability benefits, etc, that income counts.

    Sorry I don't have better news.

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.


  2. Yes they can, they will and they do. You could work with your Congresspeople to get the law changed or you could get a divorce and live separately, those are about it as far as viable options to help get SSI again go.

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  3. My colleagues are correct. As you are married, he gets nothing from SSI. I have known couples who separate and live apart, and then may be eligible for some SSI, or who get divorced, then maybe some benefit could be paid. But I do not recommend either option - they are not fair choices.

    Sorry I cannot give better news, but that is the law on SSI.

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