SSDI, SSI and the Disabled Divorcee

[Sambushed]

What is the name of your state? SC

SSDI, SSI and the Disabled Divorcee: What's the law?

Disabled below my shoulders from childhood polio, I put myself through college and had SS work credits from 1964-1974, when I got married and started a family. In 1977 I started using a wheelchair full-time to keep up. Between 1974 and the end of my marriage, 1994, I kept my husband's court reporting office, besides writing professionally and raising purebred dogs. Although I filed a schedule C for my misc. earnings, my husband's accountant told my husband -- without my knowledge -- to pay all Social Security under his name -- which, unbenknownst to me, he did. From 1994 to 200 I became totally disabled by any test and applied for SSDI, and was told I didn't have enough credits. SSI, our family income was over $1000/month. I was denied both, reapplied in 2001 and turned down again for both. Hence, no medical.

I should add that about 18 months ago, with my current husband out of a large corporation on a tinfoil parachute because of his age (55), it became obvious I'd have to work. I asked SC Vocational Rehab to set me up in a home office, so I could do legal transcript editing -- which they did, albeit they refused to provide a suitable wheelchair; but that's another case.

My dx, for the curious: Polio as a child, scoliosis, diabetes, osteoarthritis, osteoporosis, post-polio syndrome including essential loss of use of muscles left alone by polio in 1954 -- fibromyalgia, narcolepsy, sleep apnea and -- are we surprised? -- depression. (And we wonder how the bumblebee flies.)

AND NOW THE QUESTION: My ex husband of 20 years is getting ready to retire. Can I claim Social Security out of his share, or SSDI from his credits? He lives in NY, I'm in SC (a/k/a the "just bend over" State for our our lack of usury laws and public assistance.)

Real frustrated, really poor, no medical care, no Rx's and heatless in SC -- but still editing transcripts --
Eliz.

 

[ellencee]

Please go to the Social Security Disability Benefits site; many of your questions are answered there.
You should have appealed the decision when you were first denied. You probably should have hired an attorney, if you did not. Although your work credits were in the past and not the recent 3 or 4 quarters, they should have still counted. A couple of years ago, I worked on a personal injury claim where the woman, a homemaker for 10 years, was able to receive SSD benefits based on the income she earned over 10 years before. I was surprized, but it is the factual ruling SS made.
You have been married 10 years, so you are able to receive benefits from your husband's SS even if the two of you divorce.
I think you would greatly benefit from hiring an attorney who does nothing but SS claims. These attorneys know the system and the system knows them.
When applying for benefits, be sure to have a list of any equipment and the cost of such. Any expense you have that is for something that enables you to work should be deducted from anything you earn; some of these deductions apply to SSD and SSI benefits but do not qualify as deductions on a 1040.
Best wishes.

 

[Sambushed]

SC - Thanks very much, ellencee...I had heard that I could get a portion of my former husband's SS, but the local SS specialist's secretary listened to the two minute summary and wouldn't even make an appointment for me...
eliz.

 

[ellencee]

Doesn't it make you want to go there and dump out all the drawers in her desk?!
Go online to the SS disability site and apply online. You can even ask for a reference for legal assistance.

 

[Sambushed]

Thanks, I'll go there. I had forgotten to mention that I'm remarried, which probably changes things entirely. You know every secretary wants to be a paralegal, the paralegal wants to be an attorney, the attorney wants to be the judge, who wants to be the court reporter who's making all the money...This one wouldn't make an appointment without a fresh denial slip. Thanks again -- Eliz.