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dylatess, Attorney
Category: Legal
Satisfied Customers: 5142
Experience:  37 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.

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 3 years 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.

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 3 years ago.

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

Please rate my answer ok or better so that I can be compensated for assisting you. Thanks.
Customer: replied 3 years 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.

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.
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