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Common Law Marriage and Its Effect on...

Social-Security-Disability-Forum » Common Law Marriage and Its Effect on a Disability Claim  

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Elecktra Blue (Unregistered Guest)
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Posted on Friday, June 24, 2005 - 4:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)
I am about to apply for SSI Disability because I am about to undergo drug therapy (Interferon and Ribavirin), I also suffer from depression, panic disorder and post traumatic stress disorder. My ex-husband and I lived as common law husband and wife for seven years before we actually went and got married, so, technically we were "married" for 11 years. I contacted him to see if he would write a letter confirming that we were, indeed, common law married for those seven years, and, of course, I've heard nothing back from him. I DO, however, have witnesses to the common law marriage who are willing to confirm this. What are my chances of being able to draw my portion of his SSI? Your help will be greatly appreciated.
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Elecktra Blue (Unregistered Guest)
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Posted on Friday, June 24, 2005 - 9:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)
I forgot to mention that I'll be receiving the Interferon and Ribavirin for at least 48 weeks because of Hepatitis C that I got from getting a tattoo in the 1970's.
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Paul McChesney (Admin)
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Posted on Tuesday, July 05, 2005 - 5:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)
1. Common law marriage is recognized in some states but not others. You should talk to a lawyer in your state about whether you can prove a common law marriage based on whatever facts you have, since the requirements vary from state to state.

2. You do not draw SSI on your spouse's record, or yours, either; you draw it based on your disability, income, and resources.

3. There is another program, Social Security retirement, that you can draw on a living spouse's record.

4. There is another program, probably the one you were thinking about, Social Security disability, that you can draw on your own wage record, if you are disabled and have worked enough, or on your spouse's record, but you can only draw under this program on your spouse's record if he is deceased; there are several other requirements, too.

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