Ask Larry

When I Take Part Of My Ex's Social Security Will I Then Be On SSDI?

hi...i am on SSI for disability.i dont qualify for my own SS. i am turning 62 soon & I was told id have to take part of my ex husbands SS....will i then be considered to be on SSDI? I have medicaid now & im afraid that my exes percent of his SS will disqualify me for my medicaid at 62

Hi. No. Social Security disability (SSDI) benefits are based on a person's own earnings history. If you're only collecting Supplemental Security Income (SSI) payments, you apparently don't have enough Social Security quarters of coverage to qualify for SSDI benefits. Assuming that your ex-husband is living, it sounds like what you'll be applying for is divorced spousal benefits. You don't have to be disabled to potentially be eligible for divorced spousal benefits at age 62

SSI is a needs based program, and one of the requirements for SSI is that you must apply for any other benefits for which you're eligible. So, if your eligible for divorced spousal benefits based on your ex-husband's Social Security record then you must apply for those benefits or else your SSI payments will be suspended.

If and when your divorced spousal benefits start, those payments will offset your SSI payments close to dollar for dollar. So, whether or not you'll continue to be eligible for at least some SSI benefits depends on your divorced spousal benefit rate.

Medicaid is also a needs based program, so if your divorced spousal rate is high enough then I assume it could adversely affect your Medicaid eligibility. But, as long as your divorced spousal benefit rate is low enough to allow you to continue to be paid at least a small monthly SSI payment, then you'll also likely continue to be eligible for Medicaid.

Best, Jerry

Posted: 
Feb 3 2022 - 11:05am
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