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Disability on Ex's record

Discussion in 'Social Security, Disability & Health' started by nojusticeforall, Aug 26, 2016.

  1. nojusticeforall

    nojusticeforall Law Topic Starter New Member

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    Hello, I have never worked, however I am entitled to SS Benefits on my Ex's work record of over 40 credits. We have been divorced for over 2 yrs from a 35+ yr marriage and I have not remarried. To mention; Social Security Administration has told me I do not qualify for any benefits at retirement age (66yrs) because I do not have any credits myself. This is not so from everything I know but it shows you the frustration of getting nowhere with my following question.

    I have not worked throughout our lengthy marriage, my health preventing such. Now divorced and without income and disabilities (and age and no experience) so unable to work, I am trying to get SS disability on his work record. We are both age 60 and he is still working with no desire to retire any time soon. SS Administration "thinks" I have to wait until age 65 before applying for disability but "maybe" age 62. And at that, they "doubt" if I can collect disability on his record.

    Please, does anyone know the answer? Obviously the SS Administration doesn't.

    Can I receive SS Disability at age 60 using my 60 yr old (still working) EX spouse's credits of full benefit eligibility.

    Thank you kindly for your attention and response.
     
  2. army judge

    army judge Super Moderator

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    Yes, for RETIREMENT at age 62, with other conditions subject to approval by Social INsecurity:

    If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

    You are unmarried;
    You are age 62 or older;
    Your ex-spouse is entitled to Social Security retirement or disability benefits and
    The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.


    As far as disability benefits based on a former spouse's eligibility, probably NOT.

    The SS website:
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    Disability Planner: Benefits For Your Divorced Spouse
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    However, you can apply for SSDI:
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    SSDI refers to the Social Security Disability Insurance program. It is tied to the Social Security retirement program, but is for workers who become disabled before retirement age. Only workers who have worked and paid Social Security taxes for many years are insured by the SSDI program.
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    Read all about THAT, here at another website:
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    SSDI (Social Security Disability) Overview | Disability Secrets
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    Their application intake site:
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    Supplemental Security Income
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    You can also call and inquire about SSDI, as in Supplemental Security DISABILITY Income

    By phone - Call us at 1-800-772-1213 from 7 a.m. to 7 p.m. Monday through Friday. If you are deaf or hard of hearing, you can call us at TTY 1-800-325-0778.

    In person - Visit your local Social Security office to discuss specifics. (Call first to make an appointment.)
     
  3. KatDini

    KatDini Well-Known Member

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    SSDI is the program that workers pay into during their career and can tap if they become disabled. SSI is the federal welfare program for the disabled that do not have enough work credits to qualify for SSDI.
     

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