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Texas state laws for social security, appealing a denial of application

Asked over 3 years ago - Houston, TX

Hi

My mother in law's Social Security has been denied two days back. Her husband both are permanent residents in US,worked until he collected 38 points before which he passed away and could not make 40 points. She has been denied social security for that reason. She is a widower without any means to earn her living. She is 65 years old and not even high school educated. She cannot work and her son is still in medical school. She is currently staying with us. I want to talk with a laywer who can advise me on how to proceed and want to know the chances of her getting the SS benefits. Please email me at manisva@gmail.com

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Attorney answers (1)

Michael F Walsh

Reputation Level 6

Answered over 2 years ago. Social Security Lawyers in Westwood, MA.

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Unfortunately, the news is not good for your mother-in-law. The 40 quarters is the 1st step to receive benefits. The number of work credits you need to get retirement benefits depends on your date of birth.
If you were born in 1929 or later, you need 40 credits (10 years of work). People born before 1929 need fewer than 40 credits (39 credits if born in 1928; 38 credits if born in 1927; etc.)
If you don't have 40 quarters, you cannot collect. Period. However, she may qualify for SSI benefits which is based upon disability and need. SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits. She should attempt that direction as this is her only hope for SSA benefits. She may be eligible for some state benefits, but I do not know about Texas laws.

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