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My wife was denied disability via ss. via the lack of work…

Customer Question
My wife was denied...

My wife was denied disability via ss. via the lack of work history. How is it that if we worked together for years but filed jointly that becomes a liability to her receiving those benefits... We were told that she does not have enough work history.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

We applied in Texas but now live in Utah ...fast typer!

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We were missionary pastors and she had to show her self as a dependant in order to get a visa to live in that country (Chile).

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cant think of any

Submitted: 7 months ago.Category: Legal
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Answered in 11 minutes by:
12/6/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,859
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

IF she did not pay into Social Security for a minimum of 40 quarters, 10 years, then she would not be eligible for disability under her benefits. That is what you are being told it seems, she has not paid into SS for a minimum of 10 years in order to be entitled to SSDI or any SS benefits.

SS states very clearly that if a person does not have at least 40 quarters paying into the system they would not be eligible for SSDI benefits I am afraid. "Work history" to SSA means she paid into the system for that 40 quarters.

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Customer reply replied 7 months ago
It does not address out the situation of her work history being connected to mine. Us filing jointly. should be apart of the work history.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

IF your wife did NOT PAY SS TAXES for at least 10 years, it really does not have to do with you filing jointly. I understood completely, I get people in your circumstances all the time. Both spouses can file jointly, but each spouse has to pay into Social Security insurance if they are self employed (such as you and your wife as missionary workers) under their own SSN and if they fail to do so, there is nothing the SSA can do for your spouse and it really is not about you filing joint tax returns, it is about not paying the proper social security tax due on each of you when you filed the taxes.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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