| Author |
Message |
    
allan tavel
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, February 24, 2003 - 8:42 pm: | 
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if my x-wife is drawing disabilty social security from me will it effect my new familys benefits it the future |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 26, 2003 - 5:01 am: |
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Your ex-wife cannot be drawing disability benefits on your record; the
only disability benefits an ex-wife can draw are on her own record, or
that of her deceased husband. In either of those cases, her benefits do
not affect those of your current family. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 29, 2004 - 11:48 am: |
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I might add that your ex-spouse can often draw retirement benefits on your record. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 14, 2005 - 11:54 am: |
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I
am 60, divorced since 1980, and am on SSDI, from childhood polio. I
will be 62 in 2006. My ex is also on SSDI at age 63, for the same
reason. Is there a way I can receive part of his SSDI as a disabled
spouse after a 15 year marriage???? I have been receiving full benefit
SSDI after 40 credits since 1998 after a stroke which left me deaf, in
addition to the other problems. I have not remarried nor has he. If I
DO remarry, will I lose any benefits I receive from his SSDI?? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1091
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 24, 2005 - 3:09 pm: |
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Not
as long as he is alive, married to him or not. There are no disability
benefits for anyone based on a spouse's record unless the spouse is
deceased. Same for ex-spouses.
But you can receive retirement
on his record, once he and you both get to retirement age and retire.
Your benefit amount on his record is half of his, and you will get
whichever is bigger, his or yours, so, very roughly, his will only
benefit you if he made twice as much as you did.
If you do
remarry you risk loss of any benefits you would get under his record,
but you stand to eventually gain benefits under your new husband's
record.
I say "risk" because you don't always lose benefits
by remarriage. If you are worried about it, sit down with a lawyer
before you tie the knot. |
rose johnson (Likemindz)
New member
Username: Likemindz
Post Number: 1
Registered: 4-2005
Rating: 
Votes: 3 (Vote!) | | Posted on Tuesday, April 19, 2005 - 8:35 pm: |
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I
am on SSI..I have Blepharospasm and Glaucoma .I was married for 20
years then divorced..He died last month..Will I be able to get widows
pention or social securety while receiving SSI which is my only
income.If so at what age ? I live in Florida.. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1124
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 25, 2005 - 9:03 pm: |
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You
can get benefits as a disabled, surviving ex-spouse if you are 60, or
50 and become disabled within 7 years of his death, or within 7 years
of the last payment to you of survivor's benefits as the mother of his
child. |
Lynn Dowdey (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 02, 2005 - 12:51 pm: |
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my husband wants a divorce and I'm on disability.
I
need to know what benefits are there for me for buying a home and other
benefits for me afer a divorce. We've been married for 34 years. Ive
been devastated over this, which in turn messes with my immune system.
He says he's tired of my illineses. I'm tired of his adultries. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1158
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 07, 2005 - 7:32 am: |
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I
cannot really answer this question. I am good at getting people on
disability, but you are already there. I do not know much about the
other benefits you might get, if any, from the Family Court or from
other sources. Talk to a Family Court lawyer. I am sorry to hear about
your situation. |
daylor (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 22, 2005 - 11:32 am: |
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I
realize that my ex spouse is entitled to benefits upon my death
provided she has not remarried at the time of filing...and provided we
were married for 10 years. My question is: does this have to be 10
consecutive years? (We were marrid for 3 yrs....divorsed for 2
yrs...remarried for 8 yrs....and divorsed a second time). |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1265
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 04, 2005 - 12:08 pm: |
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Daylor,
that is a question I have never thought of before. She might apply just
to see, and I am not certain, but I would guess that she cannot: the
statute says that she must have been "married to the insured for at
least 10 years immediately before your divorce became final." 20 CFR
§404.336. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 29, 2005 - 5:29 pm: |
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can
a 51 year old ex-wife, of a 13 year marriage ,who , was diabled ,for 5
years before ,a divorce, that took place , 12 years ago , if she never
remarried. can she, file on her ex-husbands record for social security
disability? SHE WAS A HOUSE WIFE THE WHOLE MARRIAGE AND IS ON SSI
DISABILITY NOW { HE IS TRYING TO GET SOCIAL SECURITY DIABILITY IF HE
GETS APPROVED WILL THAT MAKE A DIFFERENC |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1257
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 04, 2005 - 11:18 am: |
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If your husband or ex-husband is living, you cannot draw disability benefits on his record. |
Jackie (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 26, 2005 - 1:23 am: |
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I
signed up for disability and was denied. It is about to go to an
appeal. I am 59. I was married for over 19 years and had 3 children
with him. We divorced several years ago. He remarried. I remarried. He
died over a year ago. My children and his parents want me to sign up
for his social security. Will I be eligible to draw from his record if
I win the appeal? Or should I continue under my own record? And if I
draw under his record will that have any effect on his widow drawing
from him when she becomes of eligible age? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1352
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 02, 2005 - 12:56 pm: |
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Q. Will I be eligible to draw from his record if I win the appeal?
A.
If you are presently married, you cannot draw benefits on his record.
If you become divorced, you probably can. There are some complex rules
that will sometimes enable a married person to draw on a prior spouse's
record that I will not go into at this point, for complicated reasons.
Anyone who is reading this should not assume this conclusion applies to
them!
Q. Or should I continue under my own record?
A. Of course you should, whatever happens with his.
Q. And if I draw under his record will that have any effect on his widow drawing from him when she becomes of eligible age?
A. No. This wise rule was probably created to keep the difficulties between spouse and ex-spouse to a minimum. |
Sherry (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 23, 2005 - 3:56 pm: |
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Hello,
I'm
writing from California. I have been bedridden and disabled for 16
years with Rheumatoid Arthritis. I am divorced and recieve a court
ordered spousal support amount which is barely enough to live on as
half of it goes to my mortgage alone.
I have basicaly gone
without medical care now for many years as my share of cost with
medi-cal (California Medicaid) is too much for me to afford. A social
worker I spoke with suggested I apply for SSDI on my ex spouses record.
We were married for 25 years but he is still working and not retired
and we are both in our late fifties. Before becoming disabled I never
worked and was a homemaker and raised our two children.
Is there any way for me to recive SSDI benefits?
THank You |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1488
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 6:48 pm: |
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Sherry,
there well might be some sort of assistance for you under California or
some other sort of Federal law that I don't know about. I assume that
you are getting some SSI. To get Social Security on your ex-husband's
record, you would have to be 62 to get retirement, or he would have to
be deceased, for you to get Social Security Widow's benefits, as being
over 50 and disabled; there are a few other requirements for widow's
benefits.
Take care. |
J Smith (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 30, 2005 - 8:23 pm: |
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My
father recently passed away and was the only income earner for he and
my mother. All of their children are grown and out of the house.
My
father died at 61, my mother is currently 56 and has not worked in
about 7 years and so does not qualify for the regular Social Security
Disability.
She has been overweight for most of her adult
life, currently around 350 lbs with bad knees and cant walk more than
40 feet without getting winded and we are hoping that will be enough to
get her on SSI.
I have 2 questions:
1) If she does
get on SSI, will she be able to draw the widow's benefit in addition to
the SSI? Or will she have to take one or the other?
2) If for
whatever reason she does not qualify for SSI or SSD, is there any way
she can still be declared a disabled widow so that she can receive the
widow's benefit? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1486
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 6:43 pm: |
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Mr. Smith:
)
If she does get on SSI, will she be able to draw the widow's benefit in
addition to the SSI? Or will she have to take one or the other?
A. She must file for the widow's benefit; it will reduce SSI dollar for dollar after a $20 exclusion.
2)
If for whatever reason she does not qualify for SSI or SSD, is there
any way she can still be declared a disabled widow so that she can
receive the widow's benefit?
A. Yes, if she can show she is
disabled. She has to show she is over 50, disabled, and was married to
your father for a year. She will get 72.5% of his benefit amount. |
Roy C. Foley, Jr. (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, September 02, 2005 - 8:53 pm: |
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I
was married almost 30 years. My ex-wife has been disabled for last 15
years of our marriage. I am 61 and she is 62. Question: can she collect
any benefit from my record now - or does she have to wait until I
retire or die? She was a housewife for 30 years and has no (very
little) personal Social Security benefits. I pay her $4970 per month
court ordered maintenance and she is entitled to about 40% of my
pension when I retire in April 2009. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1484
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 4:33 pm: |
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Mr. Foley:
Not now; you have to die or turn 62, and she does have to be unmarried, probably.
She does not have to wait til you retire. She would if you were married. |
SCNICHOLSON (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 03, 2005 - 1:45 pm: |
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I
am 56 years old and my ex-husband just passed away in February and I
was told that I was eligible to draw his widows benefits since I was
his first wife and we also had 3 Sons but one is now deceased and the
other two are grown. Is it true that I am able to draw widows
benefits???
Thank you... |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1483
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 3:21 pm: |
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If
you are not presently married, and if you were married to him long
enough, which you must have been with 3 sons, yes; go apply if you are
disabled and became so within 7 years of his death or you last mother's
check; or apply when you are 60 (not 62) if not for widow's retirement
benefits. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, September 12, 2005 - 12:04 pm: |
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I
have a friend that is currently receiving SSD. She is also getting food
stamps and her medications. Her ex husband died last year and she was
divorced from him 20 years ago. She never remarried. Anyway, if she is
eligible for his SSI benefits, will her own be affected, like not
having her food stams and medical needs? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1480
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 12:52 pm: |
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I
don't know about state benefits, and I don't think you are usually
worse off as far as food stamps are concerned. The one way I know of
you can lose in that situation is if your Social Security disability
check makes you too rich for Medicaid, which is a number of free
prescriptions each month. For some people this is a catastrophic
problem. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, September 12, 2005 - 12:08 pm: |
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On
above note: Can the state (Ohio) take away food stamps and meds due to
her possible increase in SSD from ex husband. In other words put her at
a disadvantage over what she gets now? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1479
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 12:48 pm: |
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I don't know. I am only good at Social Security disability. |
angela w gutierrez (Lookenfl)
New member
Username: Lookenfl
Post Number: 1
Registered: 1-2006
Rating: 
Votes: 2 (Vote!) | | Posted on Wednesday, January 18, 2006 - 9:13 am: |
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i
am 64yrs this month, i have collected on my social security since 62.
presently married. I contacted s.s. and ask how i could get old records
on my exspouses.was told precedure.sent for first husbands mariage and
divorce found marriage not divorce. contacted social security was told
that they could run a state wide search,they did this came up with
nothing. was told by social security that i was still married to him
since no records were found for divorce. went to a lawyer and found out
i needed an annullment from present husband to clear up my history and
to make every thing in my life legal. did so . recieved checks on my
first deceased husband. later was sent letter stating i was not his
spouse that i had remarried before age 60. appealed stating that i had
annulled from present husband. appeal came back all information on
denial of appeal was all wrong. supervisor from local s.s. office
resent appeal to payment center stating all was wrong. still ate the
payment center waiting for answer. they are now saying that social
security looks at annullment differently ,that my intent was that i was
divorced so i got married thinking iwas divorced . does not make sense.
i thought all laws were the same for all people. thank you my question
is anullment the same for all .very confused and they are going to
collect back payment and keep my check for one year to pay back and
overpayment that they told me i was intittled too.WOW! hard to explain |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1100
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 18, 2006 - 9:12 pm: |
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Angela, this is an excellent question! Certainly hire a lawyer, and a good one. Remarrying before age 60 can cause permanent forfeiture of certain benefits, but what "annul" means is to have a declaration that there was no marriage in the first place. I don't know of a provision in the Social Security law that contradicts this, but I am afraid to say there isn't one; I would have to research that question. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 04, 2006 - 7:18 pm: |
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How can I find my ex-husbands social security number having lost it through moving and we are not on speaking terms. I need to know his number in order to collect half of his social security-we are both in our 70s. |
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