Chartreux please read

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straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 16289
   Posted 5/12/2011 11:10 AM (GMT -6)   
Hey Chart, I saw on someone's post something you said about SSD and a husband's income knocking you out of applying. Hey, someone gave you incorrect info on SSD. It does not have any bearing on a spouses income when applying for SSD. You may have to pay income tax when they combine the two incomes which I have to pay income tax on mine.

The only time a spouses income could knock a person out of getting anything would be if they were filing for SSI which is totally different from SSD. A whole different set of rules in place for SSI. SSI is set up for people that are disabled and have never worked, disabled and did not pay in the 8 earning quarters requirement, or disabled and have little to no income.

You may verify this with the SSA. But, I sure wanted you to know someone gave you incorrect info about SSD.
Moderator Chronic Pain Forum

Chartreux
Veteran Member


Date Joined Aug 2006
Total Posts : 9664
   Posted 5/12/2011 12:04 PM (GMT -6)   
Tks, re read it and edited...ssd is complicated...two SS lawyers in Texas did say to me that
my looks,(turned 45 yrs but look only about 25-30) if I go in front of a judge would hurt me and that my husbands income would infact
make me not qualify for either ssd or ssi........I've not worked for 10 cons. years and I've not had a
job for a few years and I'd need to work for probably 5 years, but I don't have any good education
other than an associates from a community college and don't think anyone would hire me
except part time stuff and that's very hard work, which with my health and balance problems I dn't think I'd
get hired for anything......anyways they all say I don't qualify...if I seperated from my hubby I could
then qualify............
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* So many dx's I could write a book* "It would be nice if we could use the edit button in real life"...
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straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 16289
   Posted 5/12/2011 12:44 PM (GMT -6)   
Chart, maybe you misunderstood them about the SSD and husbands income. It wouldn't matter if he made a million bucks a month, if you had met the quarters earnings requirements (which apparently you didn't) then you could have filed for SSD. My husband had been at his job 37 yrs when I applied and he is a high wage earner and his income had nothing to do with it. They did the quick check for SSI and of course when I told the lady his income I did not qualify for SSI, which I already knew that. It doesn't matter this can all be verified with the SSA for anyone looking to file for SSD. The only time they asked me about his income was when she wanted to check to see if I would qualify for SSI, I told the lady I already knew I did not qualify for SSI because he made too much money.

Yes, they are not suppose to look at a person's age, but sometimes I think they do especially if they are young to begin with. They would rather see a young person retrained rather than be put on SSD. Unless a very young person has a terminal illness they don't have as good a chance of getting it as someone older.

Yes, if you were separated from your husband you would qualify for SSI. For SSI you don't need the earning quarters requirements which you did not have according to what you wrote above. SSD has everyones earning requirements on the computer because they discuss the years you worked and they tell you right then if a person qualifies for SSI or not.
Moderator Chronic Pain Forum

NiNi53
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Date Joined Mar 2011
Total Posts : 816
   Posted 5/14/2011 4:43 PM (GMT -6)   
Hello Chartreux, I read your post on the problems you are having with SSD.  Sadly I cannot help with that, but I can explain SSI to you which is what I receive each month, once a month.  I will tell you its not even close to the amount of income needed to keep a roof over your head, eat, get electricity etc.
 
When my disability was about to run out with my job, I applied for SSI.  Actually the first time I applied I was turned down flat.  So the second time I got a lawyer, I dont know the laws where you are from, but here the deal is, once a lawyer (these are lawyers who only do SSI cases, and there are thousands of them) so once the lawyer reviews your medical if they take your case, you have already won.  These lawyers work on the concept that if they dont win the case, they dont get paid.  So if the lawyer takes your case you are in.
 
My lawyer began in Feb. of 2001 by June 2001, my case was done, I received a lump sum payment because they have to pay you back from the first time you submitted your case.  My lawyer had set me up with medicare, and sent me 2000.00 he claimed he was overpaid my Social security.
 
I worked my entire adult life until I became disabled, therefore I paid into social security for a very long time.  And for anyone who thinks this is a lot of money I get paid once a month.  Well lets just say "walk in my shoes one day".  I am not sure why SSD was never even an option for me.  At this point it doesnt matter. 
 
I know I didnt give you any information you could use, but maybe you can check into SSI.
 
Hope you are having a low pain day and many many more
degenerative disc disease, fibromyalgia, osteoarthritis, neuropathy, lumbar laminectomy july 1998 no help, rechargeable neurostimulator unit low right back w/lead wires to left side and right leg unit not working just sitting there.i am 57 years young in may will turn 58. i have 2 grown daughters, 25 and 29. i have 2 grandchildren, 9 year old grandaughter and 5 yr. old grandson

Retired Mom
Veteran Member


Date Joined Feb 2010
Total Posts : 1753
   Posted 5/14/2011 5:34 PM (GMT -6)   
Hi, I ended up not being qualified for SSI because that is income based. I did, however, receive SSD (with a lawyer and after a hearing). It was not based on my income or my husband's income....only on my health conditions and how many quarters I had paid in to the SS system.

You can look up online the information you need on the social security website under the disability section. You can also look up what you need if you are qualified for SSI under that section. I do caution you to make sure you are looking on a .gov site to make sure it is the real thing.

Good luck!!
TLIF L5-S1/failed, Pituatary disorder w/HGH deficiency, Fibro, Failed Bladder Surgery & Nissen, GERD, OCPD, GAD, MDD, CFS, TMJ, Migraines, Pre-glaucomic, HBP, Idiopatic Reactive Hypoglycemia w/Diabetic reaction to HGH, Bi-lateral CTS (surgery related trigger finger), Edema, Tarsal Tunnel Syndrome, Peripheral Neuropathy, Plantar Fascitis, Tibular Tendionitis, Adult Onset Flat Feet & much more.....

Trudy2
Regular Member


Date Joined Dec 2010
Total Posts : 213
   Posted 5/15/2011 10:00 AM (GMT -6)   
I applied for both SSI and SSD back in 2004 when I had leukemia. I got approved immediately because the leukemia I had was considered terminal. I was 37 at the time.

When I went through reconsideration (a review) in 2007, they said that I was no longer disabled and I could work. I appealed and I continued benefits. I went to a hearing with just a SS person and I was turned down again in 2009. Once again, I appealed and opted to continue benefits. I finally got a lawyer to take my case in 2011. He did it free of charge - he was part of legal aid in the state of ohio. He did not get paid a dime to take my case. Just this past monday I had my ALJ (administrative law judge) hearing and won my case.

So lawyers will take your case even if you are still getting benefits. You do have a much better chance of winning your case if you have a lawyer. I do not know why - but that is correct.

SSI is for people that have not worked enough in the past 10 or 15 years to qualify for SSD. It is actually a very low amount - I think something between $400 and $600. It also does take into account your spouses income - the total income of the household.

SSD is based on your income and all the quarters that you paid into the system. My SSD is $1350 and then my kids under 18 get half of what I get - $675. It does not take into account any income from anyone else in your household.

Since it took me so long to get a lawyer that I didn't have to pay a bunch of money up front, I did a lot for my case all by myself. I got my medical records and got 2 of my doctors to fill out RFD forms. These are residual functional capacity forms for what you can do despite your disability. They have them for both physical and mental. The judge pays very close attention to those and they do need to by supported by your medical records and testing reports. I won my disability case specifically because of my pain management doctor being very detailed when he filled out the RFD form and he included a bunch of documentation with it that I didn't even have. 40 pages worth!

I do have these RFD forms saved as PDF files on my computer if anyone else would like to use them. They are much longer and more informed than the ones that SS has for their doctors. My lawyer was quite impressed with them and asked me where I got them. I found them on the internet and just downloaded them to use. They are no longer available on the internet - not sure why.

Trudy
DX pyoderma gangrenosum, Acute Myelogenous Leukemia, Bone Marrow Transplant, Chronic Pain syndrome, Chronic Kidney Disease Stage 3, Major Depressive Disorder, Radiculopathy, Bilateral Hip Pain, Insomnia,Left Groin Hernia, Bulging Disk in Lumbar Spine, Tear in Lumbar Spine, Tendonitis and Bursitis in both hips.

CrohnsPatient
Regular Member


Date Joined Feb 2008
Total Posts : 314
   Posted 5/15/2011 7:22 PM (GMT -6)   
so a bunch of you are contridicting each other what is it? Does ssd take into account your spouses income or not? And does it take into account your qaurters paid or what?

And Also I qualified for both and didnt work enough quarters...I qaulified using my fathers worked quarters and draw off of what he paid in...under ssi I got like 350 but under ssd I get 893
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