Hello,
I am 56 years old and have been married for 24 years. I have Rheumatoid Arthritis and Lupus and do not have enough work credits of my own to apply for Disability. Is it possible for me to file for Disability benefits under my husbands work credits? I have read information on the SSA website that is very confusing...mostly the rules under which I can apply under his credits and the timeline of my disability.
Could you please explain to me in simple English what these rules and timelines are ? Also, my husband who is also 56 years old, plans to apply himself soon when he retires due to end stage Kidney Disease and being on dialysis. Please help me understand what our options are as I find the information on SSA website very convoluted and confusing.
Thank you, Norma
Hi Norma,
No. There is no such thing as a disabled spousal benefit from Social Security, although there are disabled widow's benefits. So, unless your husband dies you couldn't get disability benefits based on his work credits.
In order to qualify for disabled widow's benefits, a widow(er) must be at least age 50 and meet a duration of marriage requirement which is generally a minimum of 9 months. The widow(er) must also be determined to have become disabled by Social Security standards within 7 years of their deceased spouse's death, or within 7 years of the termination of their previous entitlement to surviving child in care benefits.
Even if your husband qualifies for disability benefits, you still couldn't get spousal benefits on his record until you are at least age 62 unless you have an eligible child in your care who is under age 16 or disabled (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).
Best, Jerry