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confussed friend

Discussion in 'Social Security, Disability & Health' started by Unregistered, Apr 6, 2013.

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  1. Unregistered

    Unregistered Law Topic Starter Guest

    I have a friend that is seperated from her husband but not legally. She is applying for disablity. She only worked for a short while like six months her brother in law told her she should file for disability and draw off her husband. Her sister told her she would have to draw SSI. She was also told that if her and her husband get back togther she would be kicked off of SSI if his income is above two thousand a month. Or she wouldn't even get it now since they are not legally seperated they would base it on his income even though he is not living with her at the time.
     
  2. army judge

    army judge Super Moderator

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    If she files for social security disability, and she isn't eligible due to her lack of qualifying work; she can draw off of her husband's earnings (or her ex-husband, is she divorces him). What she receives, if she is certified disabled will in no way affect his ability to draw at a later date. I believe if she draws as a spouse it is 2/3 or 60% of what he could draw. Bottom line, she can apply on line, and social security will contact her with her next steps. Be advised, it takes anywhere from 12-18 months to finally be enrolled, if she qualifies. But, social security will pay you from the date you became disabled or applied. In other words, you get the months of disability payments that you missed while waiting.
     
  3. Proserpina

    Proserpina Moderator

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    Her sister is correct. She would draw SSI, and if she moved back with her husband earned too much she'd lose the SSI.
     

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