If husband gets 1750 ssdi and wife 's ssdi is 747 month are we over limit, were separated not divorced

Asked over 1 year ago - Sacramento, CA

i applied for ssdi in may 2012, denied , reconsideration filed needed to get more medical in, got mri, ct scan ect, I am 60 now , dds said file went to quality review, wait, i listed onset date as 2009, will i get more ssdi from my husband's check or ssi from state, live in sac. and how far back does ssdi go for me?

Attorney answers (3)

  1. Kevan Spence

    Contributor Level 4

    2

    Lawyers agree

    Answered . Yours is a complex question with many different scenarios that could apply. If approved, Social Security will be able to answer your questions regarding date of onset and benefit amounts. However, I will address a few of the issues that you raised. If your husband is disabled and receiving SSDI and you are disabled and eligible to receive SSDI under your own earnings record, there is no "limit" on benefits from SSDI that applies to you, unless you also applied for SSI in a concurrent SSDI/SSI case. SSI is a program that is financially needs-based and financial eligibility requirements apply, as well as medical eligibility. Generally speaking, as an individual, you cannot have more than $2,000 in assets or income excluding your home and one vehicle , and no more than $3,000 as a couple.
    At age 62, if you are divorced and were married to your husband for at least 10 years prior to the divorce and are not re-married, you would be entitled to 50% of your ex-husband's personal income amount or your own benefit, depending on which is the higher amount. Please consult Social Security directly for specific benefits questions if you are approved. If you are denied at quality review, please consult an attorney referred by NOSSCR - the National Organization of Social Security Claims Representatives for qualified representation. Good luck!

    This answer contains general information only and is not legal advice. Use of the internet to contact our firm... more
  2. Paula Brown Sinclair

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your first month in pay status will be five calendar months following the onset date found, which may not be the same as onset date claimed. There are no spousal disability benefits secondary to a wage-earners disability benefit.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Clifford Michael Farrell

    Contributor Level 19

    2

    Lawyers agree

    Answered . There could be several dates of possible eligibility here. It could be the date you claimed. It could be up to 12 months before you applied, or the month you applied, or some later date.

    The problem here is we do not have a good picture of your medical issues and some other important dates (that should not be posted on a public space like this) so it is impossible to tell what is going on exactly.

    You may want to talk to an attorney in your area so you can review the specific facts with counsel. If you do not have an attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. Use the “Attorney Finder” feature of Avvo for help with that.

    Most attorneys who do any amount of Social Security work are members of the National Organization of Social Security Claimants' Representatives (NOSSCR) and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.

    You may also contact the NOSSCR for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    I hope this information helps. Good luck to you!
    ------------------------------------------
    Please remember to designate a best answer to your question.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

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