Ask Larry

Can I Draw Benefits On My Husband's Record?

I am 58. My husband is 48. I am completely disabled. I an not eligible for benefits as Social Security did not recognize what I paid in on my rental property. I was disabled and not working for a full time wage since 1993. I lived on my assetts having invested in real estate wisely, not using banks but buying on contract using one property to support the other. I had 19 front doors now I have two left. I receive a house payment (having sold a house on contract) of 445.86 not much but the winter utilities are killer. This is my monthly income. Because the Goverment now requires more quarters to draw off of if they would recognize what I paid in my Social Security would only be 200 a mo. Had I never did a damm thing with my life I would get 700 a mo plus food stamps. I am ineligible because I have assetts. My groceries all come from food banks, my very nice new home is paid for. I pay insurance on my home, car, my phone bill, and keep a small amount for gas. My husband has been really ill from diabetes but it's his blood pressure that makes it hard for him to work. His income for the past two to three years has been very low. He paid in decently previously. I know he won't get disability because his trial medication works about a third of the time. He is looking at insurance sales for his future, this way if he is sick as an independent contractor he can work through it hopefully. Can I draw off of his past earnings? If so when? We have been married 7 yrs. This is infuriating to me as I was severely misdiagnosed, have other health issues due to the neglect of knowing. I had 21 misdiagnosis. I originally applied in 1996. I look so much younger and these old ALJ's don't care about a pretty woman. Is there any way I can get any income ever? Was 2quarters short amended my taxes so I would qualify and Social Security said they would not consider it. Thank you. I appreaciate your taking the time to read this... at least I have insurance now from ACA. Had 11 surgeries in 15mos after getting the ins. Lost much of my eyesight from medicine complications for 9 mos. I have residual challenges and a permenant non operable complication with my one dominant eye and difficulty recognizing what I read or see sometimes. (Very frustrating but have to live with it) Also have too much chronic pain to be reliable for a regular job. So this sucks rocks.... please respond by email I will ck every day.

Hi,

I'm sorry to hear about all of your health and financial issues. You can't qualify for spousal benefits on a living spouse's record until you are at least age 62, regardless of whether or not you are disabled. And, your husband would have to be receiving his benefits in order for you to be able to draw spousal benefits. Age 62 is also the earliest age at which you could get benefits on your own record, unless you qualify for disability benefits. I wish I had better news for you.

It sounds like you've already explored the possibility of receiving disability benefits. There's probably not much more you could do for now, unless you still have additional appeal options available to you (https://www.ssa.gov/pubs/EN-05-10041.pdf). There is a different insured status requirement for disabilities base on blindness, so you may want to reapply for disability benefits if your visual impairment qualifies as statutory blindness in both eyes.

Best, Jerry

Posted: 
Mar 2 2017 - 7:30am
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