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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I am 40 years old my husband died from cancer 8 years ago.

Customer Question

I am 40 years old my husband died from cancer 8 years ago. We lived together for 12 yrs but only married 6 months before his death. I am applying for ss disability due to diagnosis of stage 3 myeloma. He had no children and never married before. I have worked most my life so have my own but wanting to know if i and my dependent child qualify for any of his benifits if im granted disability?
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.
OK, if your child is HIS child, that child should be eligible for child's survivor benefits based on your husband's work record. However, I think you are saying this child is not his child - so no child benefits. And no, you don't get disability benefits off of him - only off of your own work record. If you were over 50 and became legally disabled within 7 years of his passing, you could collect a survivor benefit off of his work record. This sounds bad, but actually in your situation, is probably isn't. The reason why is that we can always ONLY collect one benefit amount per person. As such, when you become "disabled" as per the SSA, you will have your own benefit - even if you were eligible for a survivor benefit (which you are not due to short marriage), you'd not get that in addition to your own, only INSTEAD of your own. If your own is higher, you'd take that one anyway. And, YOUR child will be eligible for a child's benefit based on your disability of up to 50% of your primary insurance amount. This is IN ADDITION to you getting 100% of your own. The child's benefit will end at 18 (at times 19)
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 gottenanything less, please reply back, I amhappy 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.
I have recieved your post, thank you
Customer: replied 1 year ago.
It probably doesn't make any difference but from the moment we were married he had double coverage insurance we were both Union employees he a union carpenter and I was a union laborer
Customer: replied 1 year ago.
Live together for 12 years joint bank accounts
Customer: replied 1 year ago.
Thank you. No not his childbut raised since 2 months old one more question if you dont mind? I was originally diagnosed one year after his death with plasmacytoma which almost alwaysturns into multiple myeloma, I was treated with radiation treatments and had the tumor removed off of my lower spine I was been in remission for 7 years and now diagnosed stage 3 multiple myeloma with doctors notes and prognosis report what are my odds of them approving my disability on the first time through
Expert:  Stephanie O Joy, Esq replied 1 year ago.
If you didn't have a legal common law marriage, and it would seem you didn't because you actually chose to get married much later (which suggests of course that you were not married earlier), you generally would not have that duration of marriage requirement met. About a disability claim, this will totally depend on how well your medical records confirm that you are unable to work, and which date you do stop working due to your medical disability. I would really urge you to use a dedicated SSD attorney, as that also seems to have a great impact on the case, since most claimants don't know the SSD rules (regs, SSRs, CFRs, etc.) on how to develop further evidence, and how NOT to create damaging evidence. Most of us do not charge a retainer, so it is a no-brainer. If you want to further discuss your situation, medical evidence and steps you should be taking, and/or obtaining attorney representation, I will ask that you be provided that premium service which would include a phone consult, OK. Entirely at your option.