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dylatess
dylatess, Attorney
Category: Legal
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Experience:  36 plus years representing clients with their legal issues
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My husband has lost his Social Security Disability case, 1st

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My husband has lost his Social Security Disability case, 1st time on our own, 2nd time with a lawyer and 3rd time appealed by myself since we didn't have enough time to get a lawyer. We exhausted our options at this point as far as disability goes. My question is, can he apply for Supplemental Security Income? Is this a totally separate program, or did he have to apply for that within so many days of losing his disability case? We have 2 doctors that say he is 100% disabled (in short, we had an awful lawyer representing him). He has little work history and not enough credits so I think this program would be for him. We just aren't sure if there is a time limit or if he can apply at any time.
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.

Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.

The process to get SSI is the same as for SSD. But SSI is a federal and state welfare program that provides benefits for persons who did not work or did not work enough work credits. Likewiise, to qualify, you cannot own assets (not including a home or car or furniture) worth more than $2000. That means no money in the bank. Also, if you work, and you earn more than $2400 per month, your husband does not qualify for SSI. So if you meet these qualifications, go to any SSA office to apply. Otherwise, file a new application for SSD. I wish you both well.

Customer: replied 1 year ago.

He does not have enough credits, so does this mean we can apply at any time? Our worry was we had a time limit, but if this is a separate program we should be fine correct? I work, but do not make more than 2400 a month since I lost my job of 14 years due to downsizing I had to start over again. I am supporting 3 of us barely. In conclusion, I am guessing by your response we can apply at any time since it is a separate program.

Expert:  dylatess replied 1 year ago.
You CAN apply at any time as there is no time issue. And you would qualify as your income is below the maximum allowed. I wish you well.
Customer: replied 1 year ago.

Thank you very much for your response. It is greatly appreciated.

Expert:  dylatess replied 1 year ago.
Please rate my answer ok or better so that I can be compensated for assisting you. Thanks.
Customer: replied 1 year ago.

Not sure if my last question came through, I forgot that I have money in an annuity and IRA for retirement would that be a factor in this case? I would think not, but have to ask.

Expert:  dylatess replied 1 year ago.
IRA money and annuites ARE assets even though you cannot take the money today without tax penalites. As such, if they total more than $2000 in value, your husband could not apply for SSI. Sorry. Please rate my answer ok or better.
dylatess, Attorney
Category: Legal
Satisfied Customers: 4693
Experience: 36 plus years representing clients with their legal issues
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