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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42871
Experience:  30 years in civil, probate, real estate, elder law
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My wife and I live in Kentucky. My wife applied for Social

Customer Question

My wife and I live in Kentucky. My wife applied for Social Security disability. She was told she could not get it because I make too much money. Can this be true?
JA: Does the disability limit any major life activities?
Customer: Yes
JA: Has anything been filed or reported?
Customer: Yes we filed the papers and got the answer I stated above
JA: Have you talked to a lawyer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Did she apply for SSI or SSDI?

Expert:  Ray replied 2 months ago.

SSI they look at your income, SSDI they do not

The Social Security Administration has a complicated formula for deeming a spouse's income. ... You then subtract this amount from the SSI income limit for a couple (as if you were both disabled), not for an individual. The couple's SSI income limit (and monthly benefit rate) is $1,103 in 2017.

Will the Income of a Spouse Affect My Disability Benefits ...

Expert:  Ray replied 2 months ago.

How old are you and how old is she?

Expert:  Ray replied 2 months ago.

SSI

In 2017, if your spouse makes more than $368 per month, his or her income is subject to deeming. Or, if you have one child and your spouse makes more than $735 per month, your spouse’s income is subject to deeming. If you have two children, and your spouse makes more than $1,103, your spouse’s income is subject to deeming. (And so on, adding $368 for each child.)

She will be able to draw off of yours once you reach 62 and file for it.

She gets half your benefit each month.

Please don't shoot the messenger.I am assuming she doesn't have enough work wages for SSDI.

Let me know if you have more,I appreciate the chance to help you.

If you can positive rate 5 stars it is much appreciated.