5
   

social security disability HELP!

 
 
Reply Sun 14 Feb, 2016 09:22 am
My husband has been diagnosed with terminal cancer. He was denied social security disability because he has not worked in 5 years (he was trying to start his own business). We were approved for supplemental social security, however. That goes by my income and he gets anywhere from $78 to $200 a month (I only make $15.83 an hour). With all of our medical expenses we are struggling to stay afloat. Is there any other way to get social security disability? Can we fight this?
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 5 • Views: 1,011 • Replies: 6
No top replies

 
jespah
 
  1  
Reply Sun 14 Feb, 2016 12:23 pm
@Lisalustick,
Contact your state representative's office and ask if they can help you.
0 Replies
 
cicerone imposter
 
  1  
Reply Sun 14 Feb, 2016 12:25 pm
@Lisalustick,
Contact your local welfare office.
0 Replies
 
blueveinedthrobber
 
  0  
Reply Sun 14 Feb, 2016 01:06 pm
They will make every effort to not pay you for as long as they possibly can. That's the plain unfortunate truth.
roger
 
  1  
Reply Sun 14 Feb, 2016 01:21 pm
@blueveinedthrobber,
Definitely. It is almost impossible to get SS Disability on the first attempt, and certainly without the expense of a lawyer.
0 Replies
 
Onderoek
 
  2  
Reply Mon 15 Feb, 2016 05:07 pm
@Lisalustick,
I disagree with all the other posts. Social Security Disability does have a work requirement. It is similar to insurance. If you stop paying your car insurance, your policy lapses and nothing would be paid on an accident. You husband does have to have paid FICA/OASDI/Social Security taxes to earn the credits required and if he is over age 31, he has to have 20 credits in the 40 credit period before he became disabled, roughly 5 years in the last 10.

So he had a business for 5 years and had no profit at all? Did he even file income taxes and claimed a loss for 5 years? I am always curious about why someone would work for 5 years and make no profit, no money. Perhaps a good discussion with your accountant might be in order. Can the tax return be legally amended to show that the business made some profit? He would have to pay the taxes owed on the profit.

What kind of earnings did he have the 5 years before he started working at this self-employment? Was he paying FICA taxes on his wages from an employer?

If he does decide to talk to an attorney, bring along his earnings record and tax records for the last 10 years and hope you find an attorney who also understands filing tax returns and insured status.

He needs to know his Date Last Insured (can get it from SSA). Once he has that, he might be able to try for an earlier onset date, but that might be a long shot too.

And if he was approved for SSI on the initial application, that is proof that people are approved the first time. So it sounds like the only hurdle (and it is a big one) is the earnings history and lack of paying FICA taxes.
0 Replies
 
chai2
 
  2  
Reply Mon 15 Feb, 2016 05:41 pm
When you apply for Social Security disability, you will first be denied, then you must protest the decision by resubmitting your application. Then you will be denied a second time.
Then you go to an attorney that specializes in this, and you get approved, getting all retro payment back to the original application date, to present. The attorney takes a percentage of the retro up to a cap. Which by that time is totally worth it.
THE MOST IMPORTANT THING TO REMEMBER IS TO NOT MISS ANY DEADLINES, OR YOU GO BACK TO SQUARE ONE. Meaning you will not receive the retro money.

Since the OP's husband is terminal, my suggestion is to call a hospice. They not only provide nursing and custodial visits, but have Social Workers who are very experienced with all this.

That's my immediate suggestion. Call a hospice provider.
0 Replies
 
 

Related Topics

Vanguard Alternative ETFs? - Discussion by Robert Gentel
Auto Loans and Mortgage Loans - Question by gollum
Dangerously Off The Grid - Question by Pitter
How can you become financially reliable? - Question by mlssufan01
My accounted debited for pan but.... - Question by srikanth7416
Finances - Discussion by Ateam64
financle trust - Discussion by trustbutconfirm
 
  1. Forums
  2. » social security disability HELP!
Copyright © 2019 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 08/25/2019 at 03:01:02