How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13550
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Type Your Social Security Question Here...
Stephanie O Joy, Esq is online now
A new question is answered every 9 seconds

I am 66 years old and collecting on my own claim. I live with

Customer Question

I am 66 years old and collecting on my own claim. I live with my husband, who is 72 and also collecting on his claim. We have been married since 2007. I was previously married for 21 years. My first husband became completely disabled after a traumatic brain injury and subsequent 5 year coma and began receiving SSD benefits in the late 90's. We got divorced and he now lives in assisted living and is still collecting disability. Can I apply for benefits from his claim?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
No, you can not collect as a dependent under your ex's work record because, being married to someone else, you are not his dependent under SS rules. You may be eligible for a spousal benefit under your current husband's record, but they may be less than your own. A restricted spousal application is another issue, but it looks like you opted to not use that option, but to collect on your own record instead. Presumably your own is bigger and you wanted that larger amount right away.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!
Customer: replied 1 year ago.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
You bet! Please don't forget to rate me with the 5 stars.