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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 18585
Experience:  B.A.; M.B.A.; J.D.
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I think my question is complicated... I 't understand a lot

Customer Question

I think my question is complicated... I don't understand a lot of this.
My story....Married 36 years...I was a stay at home wife and mother. I got my Social Security Card at approximately age 14 to 15...I had odd jobs thru the years...but nothing very long...was mostly always stay at home. My ex had a good job and still does.
I have struggled with health issues...Trigeminal Nuearalgia (which I had a Micro Vascular Decompression Surgery almost 5 years ago...) The surgery left me with half my face and head and mouth permantatly numb. My ex left me and divorced me a year and a half ago..I have tried to hold various jobs...but was let go because they said I was too slow...and another I physically hurt myself. Unemployed and trying to get health insurance. I have not ha health insurance sine the divorce. I have been told for years I should file for disability...I also suffer from Fibromyalgia..I have not wanted to file...but I am struggling. I was also told..if I waited to file til age 65 or 67..I think..I could file from my exs work history versus mine. I am 57 and a half...I don't understand a lot of this. Can you please clarify some of this for me? Thank You Regina
Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.

Good Morning Regina:

I am so sorry to read about your difficulties.

At this time, you are not age eligible to file for spousal benefits. You must be 62 or older in order to apply and your ex must be at least 62 before you can apply for benefits under his earnings. For more information, click on the link below:

https://www.ssa.gov/planners/retire/divspouse.html

You can apply for disability benefits at this time on your record along with Supplemental Security Income (SSI). One you become age eligible for divorce spouse benefits, you can then apply for benefits under your ex-spouse's earnings.

You would be eligible for Social Security Disability benefits if you can show that you have worked long enough to earn benefits and that you are unable to work because of your disability and that your disability is expected to last for at least 12 months. Social Security Administration has a very strict definition of disability.

Your ailment should be on the list of impairments. Click here to see the list:

http://www.socialsecurity.gov/disability/professionals/bluebook/AdultListings.htm

You can apply for benefits online or make appointment to go to your Social Security Administration local office. You are better off doing it online in the privacy of your home--you can take your time in completing the application and the disability report.

The process is a long one and it would require a lot of patience from you:

(1) Your initial application would most likely be denied;

(2) Then, you would be given opportunity to ask for review. New updated disability report should be completed as part of this request for review. You could be turned down by the reviewing officer on your second go at it;

(3) You would be given another opportunity to appeal, this time to the Administrative Law Judge ("ALJ"). This is where most people get approved for benefits. It could take up to a year for your case to be resolved.

You can get an attorney to assist you once you have applied and have been turned down so that the Attorney can handle the requests for appeal for you or you can get an attorney to assist you from the beginning. Attorneys cannot charge up front for helping you apply for disability benefits. Attorneys only get paid if you are approved for benefits and they get paid a percentage of your past due benefits. The fees that the Attorneys can charge are regulated by the Social Security Administration. You can also see if you can get assistance from legal services organizations in your area for free.

Click here to see how attorneys get paid for disability claims:

http://www.ssa.gov/pubs/10075.html#part6

Click on the links below to find attorneys that handle disability claims:

http://www.justia.com/

http://www.lawyers.com/

Click here to start the application process:

(A) The Steps:

http://www.ssa.gov/applyfordisability/?h

(B) Checklists:

http://www.ssa.gov/hlp/radr/10/ovw001-checklist.htm

(C) Application:

https://secure.ssa.gov/iCLM/dib