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Would I get any SSI benefits?

Mastic, NY |

I am on SSDI because of very severe hearing loss and depression. I am 62 yrs old. IF my ex-husband, of 12 yrs, aged 54 dies can I collect any SSI from him . Someone told me I may be able to get "surviors Benefits?" what is that? I only make 1012.00 a month. I read on line that I could get a job that pays less then 1000. a month. But then it says if SSD sees you can work they will drop you. I am so scared because I only collect 1012. from SSDI and no way can make ends meet. I am a nurse but with the hearing loss it is impossible to work in that field. I do not know which way to turn. do you have any answers for me. Thank you Arlene

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Attorney answers 4

Best Answer
Posted

The SSI program has two basic components: (1) being disabled and (2) household income. If you are drawing SSDI and your husband predeceases you, then the administration would evaluate whether you are entitled to some SSI. I think what you are really asking about are widows benefits. In that case you would draw the HiGHER of SSDI based on your own earnings and widows benefits.

Posted

You may draw off your x-husbands earnings history. As far as working you may do so and still recieve disability. I believe the amount you can earn has gone up to $1080 this year. The only problem I see is you are more likely to be reviewed for ongoing disability if they see a steady work history. The theory is that if you can work a little perhapsyou could earn more.

The above answer is based upon the limited facts available and there may be other possibilities. This answer does not mean we have formed an attorney client relationship...in other words this is advise, but we do not represent you and you are not our client.

Jack Justin Adams

Jack Justin Adams

Posted

Here is some information for Divorced Spouses You can receive benefits as a divorced spouse on your ex-husband's Social Security record, even if he has remarried and his current wife is collecting benefits based on his record. However, there are a few eligibility requirements: •You must have been married to your ex-husband for at least 10 years. •You must be at least 62 years old. However, if your ex-husband is deceased and you are currently unmarried, you may collect benefits as early as age 60 as a surviving divorced spouse. If he is deceased and you are disabled, you can collect benefits as early as age 50. •Your ex-husband must be eligible for benefits. If he is eligible but is not currently receiving benefits, you can still qualify for spousal benefits if you have been divorced for two or more years. •You must not be currently married. If you remarried and your second husband is deceased, you can claim benefits from either your first or your second husband as long as each marriage lasted at least 10 years.

Posted

Your question confuses SSI (welfare payments for disabled) with SSDI (disability payments to insured). You cannot get SSI based on someone else's work. You can possibly get SSDI survivor benefits from your ex. Also, you can work part-time on SSDI but not on SSI. SSI.gov gives an explanation of all this.

The information you obtain from this website is not legal advice.

Jack Justin Adams

Jack Justin Adams

Posted

She does tend to mix the two concepts Mr. Dugan. You are correct that issue will have to be fully explored.

Posted

I agree with the above attorneys here. It sounds like you could be entitled to survivor’s benefits. I urge you to consult with a local attorney in your area now, or if you apply and are denied benefits to seek consultation at that point. You do need to be careful about how much you earn… any money close to the cut-off amount can result in your case being reviewed.

This website has a great “Find a Lawyer” tool if you do not know of any in your town. Best of luck to you.

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