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Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 17, 2001 - 10:30 am: | 
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I have a question about spousal social security benefits. From what I
have read on this web page, it states that a spouse could get social
security benefits if their spouse passes away and they (the living
spouse) has a low income. My husband and I make about the same amount
(between 40 - 45K)...so I guess you would say we are middle class. I
have a daughter which is his stepdaughter...he has not adopted her. If
he were to pass away (god forbid), would my daughter and I be eligible
for Social Security benefits? Is my salary considered low income or
not? What qualifies as low income? We have been discussing this for
months and need clear answers. He is very concerned about this, that is
why I am asking. Thank you. |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 20, 2001 - 6:12 am: |
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If your husband is contributing at least half of your daughter's
support, as a stepchild she would be entitled to draw benefits if he
dies or becomes disabled. Her benefits would continue until 18, or 19
if she is going to high school full time, or indefinitely if she
becomes disabled before she turns 22. Your income is irrelevant to her
right to benefits.
If you were unemployed when she is drawing
benefits and is disabled or under 16, you could draw mother's benefits.
These are reduced by your income just like retirement benefits are if
you are 62.
As a practical matter, you are unlikely to draw
benefits off of your husband's record. If you make identical incomes,
your benefit amount under your own record if you become disabled or
retire would be greater than what you could get under his record, and
you only get whichever benefit is greater.
I will list the
other benefits you might get if you are interested, but in short, as
long as you are working you would be eligible to no benefits under his
record.
Please ask a follow up question if necessary. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 23, 2001 - 6:44 am: |
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Thank you for your response. This clears up a lot for me. My daughter's
biological father contributes nothing as his parental rights were
terminated years ago. So, I believe she would get social security
benefits if needed. They would not continue through college years at
all?
How is social security for children determined? Is there a specific formula used?
Once again, thank you for your assistance. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 24, 2001 - 9:57 am: |
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Social
security benefits for a child used to continue to the 21st birthday,
but that was changed some years ago. Many people remember that and will
tell you about it. However, the rules are now as indicated above. No
social security benefits for a surviving child in college - unless he
or she is under 18 or disabled!
The child gets a percentage
of what the parent gets. But there is also a family maximum. The
calculation is fairly complex. In general, it tends to be substantial
for the children of middle class wage earners, and very small for
children drawing off of people who earned little. To get an exact
figure for your child, call 1 800 772 1213 and order a PEBS statement.
Take care. |
Mike Morgan
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 18, 2001 - 1:34 pm: |
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My wife is disabled but has always worked out of the home does she qualify for benefits? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 21, 2001 - 5:32 am: |
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That
depends on what you mean. If she had a home business and declared self
employment income, she might be able to draw Social Security
Disability. If that is the case, call 1 800 772 1213 and ask for an
earnings record; it will tell you.
If she has never declared
income, she might qualify for Supplemental Security Income benefits, if
the family income is low enough. Inquire at the same number; be
prepared with family income figures.
If she ever gets to the
point where she can work, even on an occasional basis, she might try
showing earnings so that she will be qualified for Social Security
Disability in the future. I would talk to an attorney who knows this
area well; he can tell you how much she would have to earn, depending
on her age and past earnings.
She might qualify for retirement benefits as the spouse of a wage earner.
She
might or might not qualify for widow's benefits if she ever becomes
your widow. Most widows can draw retirement benefits at age 60; many,
but not all, can draw disability benefits if they become disabled and
turn 50 within 7 years of their spouse's death or their last mother's
benefit check, if any. She would have to remain unmarried, usually but
not always.
Sorry it sounds so complicated; I didn't write the law. |
Lynn Kaye
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 18, 2001 - 8:19 am: |
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My
husband is drawing disabled social security. Our daughter also gets a
check. I work full time so I do not get a check. I have just found out
I am pregnant again. Will that child receive additional money or will
the check my daughter receives be split in half?
Reply by Paul
It depends. Your daughter is supposed to get an amount equal to a
certain percentage of your check; but there is also a family maximum,
so that a person with 3 or 4 children will usually get no extra money.
To find out what your family maximum is, whether you are currently
drawing or not, call the Adminstration at 1 800 772 1213 and ask them
to send you the form to order your benefit statement. |
dorothy lawless
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 23, 2001 - 4:08 pm: |
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My name is Dot
my husband is 65 and drawing full ss benefits,
1'000 a month,right now he is still working and
making around 12'000 a year, I have been self em
ployed for 12 years and am now 57 yrs old.
with several health problems that i am sure are
quilified for disability. I own a small bld. which
i could rent for around 400.00 a month.My question is do we have to much income for me to
draw disability on my husbands work record.
On my SS payments I am only eligible for about95.00 amo. On his I would draw around 6
or 700.00. We have been married over 12 years,
state of tennessee. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 01, 2001 - 5:39 am: |
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Dorothy, you can only draw off of your living husband's record if you
retire; you must draw disability off of your own record. You can draw
off of your own record no matter what your husband makes.
There is another program, SSI, but on the facts you give me you cannot draw; your husband is making too much money. |
Billy Baros
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, December 02, 2001 - 1:33 am: |
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I
am receiving SSDI--$1,022 per month. I do not see a change in my
disability situation--except death. Me and my wife are both 58 years
old. We were born in 1943. Except for some part-time work, she has been
a homemaker. She only has a total of 16 credits. It is doubtful that
she will earn enough credits to receive S/S retirement benefits on her
own record. We would like to know the amount she would receive if I
died at the age of 60 or 61-- she would be 60 or 61 also. What would
the total amount be for both of us when we reach 62 or what would the
total be if we wait until we are 65? Thank you.
Reply by Paul
Call 1 800 772 1213 and ask for an earnings record request form. Fill
it out in your name and using your social security number. The
Administration will send you a copy of your benefit estimate, including
an estimate of what your wife might get if she retires on your record. |
DAVE MCKAY
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 23, 2001 - 2:36 am: |
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I'm
new to this board , I hope I'm doing this right? my question is. I've
been recieving s.s.d.for about 2 years, i've just heard that i may be
able to collect on my ex wifes record. we were married for 15 years,
divorced in 1989 I have not remarried. Also if i can, will the payments
be retroactive.
Thank You
Reply by Paul You can generally collect disability benefits based on the record of a spouse or ex-spouse only if he or she is deceased.
Retirement benefits are different. |
Sarrah Allen
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 04, 2002 - 11:44 pm: |
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I draw SSD and SSI benefits my husband has also become disabled and we
have filed for his benefits,But, somewhere I saw that a spouse of a
disabled person was entitled to draw off the spouse we live in Oklahoma
is this possible that he is eligible to get benefits off me |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 11, 2002 - 5:48 am: |
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The short answer is, almost certainly not.
Your
children are eligible to draw a check if you get a Social Security
Disability check. If they draw a check, and the children are younger
than 16, their father can draw a check, too.
But for most
people whose Social Security check is so low that they get SSI also,
the "family maximum" is also very low, so that, as a practical matter,
neither their children nor their children's father gets a check.
If you have no children, then there is no chance.
Of course he might get benefits off of his own record, or might draw SSI.
If he draws SSI, there will be a limit based on the total that you and he receive.
To be sure about how all of these rules apply to you, you might ask at your local Social Security office. |
Patsy Alexander
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 06, 2002 - 8:17 pm: |
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I am 59 years old. I worked in the public for 27 years quitting in
1986. Since then, I have painted but have not made enough money to pay
social security. I was co-owner of a shop that taught painting from
1988 to 1992, not making an income because of the bills. I now have
some of my items in a shop and have to work 1 day every 3 weeks to
participate. I report this income but it has been very little
My
husband is 70 years and drawing SS. I am disabled with pulmonary
fibrosis and COPD. I am on oxygen 24 hours a day because of the strain
on my heart. I am unable to even walk to the mail box without oxygen. I
have had this disabilty for a number of years but actually went on the
oxygen in 2000 when I saw a pulmonary doctor. My question is: Can I
qualify for disability under my husband's account since it has been a
number of years since I worked. I really need help in paying the bills
(doctors, hospital tests, and oxygen.) I received a small inheritance
from my mother in 2000 and this has paid the thousands of dollars in
bills. My insurance covers only a small portion of a day in the
hospital starting the 2nd day so they have been no help. I am located
in SC. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 02, 2002 - 5:17 am: |
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This is an important question that it is impossible to answer based on what facts you give me. I can say some things:
1.
Generally, if your spouse is alive and not disabled, you can only draw
retirement on his record, and that when you are 62.
2. If
your spouse is deceased, you can generally retire on his record at 60,
or draw disability on his record at age 50, if you become disabled
within 7 years of his death. If it is more than 7 years, and you have
drawn a mother's check because you are raising his surviving children,
you have 7 years from your last check.
3. If your spouse is
disabled and you and he have children under 16, you might be able to
draw a mother's check. Your income must be low enough.
But
none of that helps you. You should not give up on getting a check on
your own record. Order an earings record from the Administration by
calling 1 800 772 1213, and take it to a good lawyer. Do not take the
Administration's word that you are not covered on your own record. You
might be able to amend your returns to get covered.
Take care and good luck. |
Denise OCampo
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 24, 2002 - 5:23 pm: |
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I am 44 years of age with Multiple Sclerosis that I have had for 4
years. There is a possiblility of getting married for the first time.
My question is can I still get may SSDI? I need my SSDI for my own, my
boyfriend is in the service and will be retiring next year. If I don't
still get my SSDI I can't even think of getting married. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, May 30, 2002 - 5:16 am: |
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If you truly are drawing Social Security Disability benefits, sometimes
called SSDI, and not widow's benefits, sometimes called WIB, and not
Supplemental Security Income, sometimes called SSI, then marriage will
have no effect.
If you are drawing WIB or SSI, marriage will probably have an effect.
Generally, SSI checks come in a blue envelope, on the first of the month, and have the letters
"SSI" just in front of the dollar amount. Generally, other checks come
on other days of the month, and have other things in front of the
dollar amount.
DO NOT take it upon yourself to decide which
kind of check you have. A third of the people that come in my office
are wrong about it. Sit down with an attorney and copies of your
notices and checks or account receipts. I have met a number of people
in your situation who guessed wrong, to their sorrow. |
Sara Slatery (Saraslat)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 02, 2002 - 11:37 am: |
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My friend is 60 years old and has had non-hoskins lymphoma since 1997.
She had stem cell replacement and because of all the treatment, she had
a heart attack and now has congestive heart failure. During her 37 year
marriage she worked very little and has paid very little into social
security. Her former spouse is still living. Does she qualify for
disability benefits based on his earnings? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 17, 2002 - 5:37 am: |
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The only kind of benefits you can draw off of a living spouse or
ex-spouse are retirement benefits. If she is poor enough, she might be
able to draw SSI. |
Margie
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, August 11, 2002 - 6:33 pm: |
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My husband and I both draw SS Disability in Ok. My husband will turn 65
on March 12, of 2003. We were wondering how this will affect his check
as far as the amount and the time of month he will recieve it. He
recieves his check on the 3rd of the month right now. Will it delay it
til the 12th of March?
I have also heard that my check is not as
much as it could be because of him being on SS Disability is this true
in the state of Oklahoma? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, August 23, 2002 - 5:42 am: |
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When someone who is drawing Social Security Disability turns 65, the
amount of the check doesn't change at all. It is then called a
retirement check, but there is no practical difference.
If your check is a Social Security Disability check, his benefits do not affect yours at all.
If your check is an SSI check, which is paid to people who don't have much earnings, it might be affected by his check.
All of the above statements apply in all states. |
jack K
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, October 28, 2002 - 11:49 am: |
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I have applied for ss disability. My wife currently gets ssi. I'm 51.
She will soon be 62. my disability as caused us to reunite. we were
separated. Her check is based on that info. If and when I get
disability will it affect her check? What is the amount of ssi
benifits, for a married couple with a handicapped adult child(who will
always get a check)? will my ssd affect her ssi? question#2 without
many credits at age 62 would she be better off to continue gettin ssi
or will there be a choice of the greater amount? Thanks so muuch for
your responses and repies Jack |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, December 02, 2002 - 6:20 am: |
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I have applied for ss disability. My wife currently gets ssi. I'm 51.
She will soon be 62. my disability as caused us to reunite. we were
separated. Her check is based on that info. If and when I get
disability will it affect her check?
Possibly
What is the amount of ssi benifits, for a married couple with a handicapped adult child(who will always get a check)?
It varies based on the amount of the check.
will my ssd affect her ssi?
Very probably.
question#2 without many credits at age 62 would she be better off to
continue gettin ssi or will there be a choice of the greater amount?
Many
people who have not earned enough to get anything but SSI can get
retirement benefits when they turn 62. She should check to see.
Thanks so muuch for your responses and repies Jack
Sure. Take care and good luck. |
Martha Faulkner
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, January 16, 2003 - 5:34 pm: |
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My husband is going blind and has cancer that has caused his blindness.
I am working outside the home, but my husband is needing me for his
care ,Can I get pay for caring for him if I have to quit my job to care
for him? If so, who do I need to contact for this service? My husband
is drawing social security disabilty and has been for a year now. We
need help and don't know where to turn to. I forgot to mention that my
husband is 60 years old and We live in Kentucky. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 26, 2003 - 8:38 pm: |
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Martha, there is no such provision in the Social Security law that I
know of. There might be something that is local to Kentucky. |
Patricia
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 17, 2003 - 11:09 pm: |
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My husband had a major cerebral stroke Dec. 27, 2002 and is will not go
back to work. I'm his spouse and 100% handicapped with severe
arthritis. I applied for his SSD for him. They told me I would qualify
for SSI because of our low income. He will be going to a nursing home
after the rehab he is in now. My question....if I am disabled will I be
able to keep his SSD check or will I lose it to the nursing home. I
have an 18 yr old son in his senior year in high school. Does social
security pay for his nursing home? You may not be able to answer this
but I'll ask anyway just in case you know. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 26, 2003 - 8:41 pm: |
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You will almost certainly lose his DIB check to the nursing home. But your SSI check might go up some. |
Donna Fergason
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 29, 2003 - 9:07 pm: |
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Hi,
I
have been married 18 years in which the last 7 years my husband has
been receiving SS Benefits due to a injury. Our 3 children and I also
received benefits. Five years ago we had seperated(not legally)and my
checks had stopped, should I still be receiving them? We are not yet
divorced. My children still receive them. I appreciate if I can get
this issue resolved. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, July 13, 2003 - 8:21 pm: |
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It depends on where the children are, and how old they are. If the
youngest is over 15, no. If you don't live with the children, no.
One
other issue that often comes up is whether the disabled person has
earned enough for his children to get any benefits, which of course
your husband must have. |
Sandra Ballew
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