QUESTION

Can my wife get SSDI benefits

Asked on Jul 10th, 2013 on Social Security Disability - Oklahoma
More details to this question:
My Wife has had COPD formore than 10 years. She had a Lung Transplant last July. She once applied for Social Security Disability and was approved but not eligible because I made too much money and she had been a stay at home mom for too long to have her own eligibility. Now that she has had the Transplant our medical costs have skyrocketed. I make approx. $95k and have good insurance but my copays and other non-covered medical costs along with our normal living expenses barely make ends meet. Can she qualify for SSDI again and be awarded benefits?
Report Abuse

1 ANSWER

Administrative Law Attorney serving Oklahoma City, OK at The Law Office of James R. Linehan P.C.
Update Your Profile
No.  SSDI is "Title II Disability" that requires her to have worked 5 out of the last 10 years and paid in FICA taxes. You say she has not worked.  So she would not be entiteld to SSDI. Thus she may only entitled to "SSI TItle XVI" which is income/asset based.  At $95K per year your income is well over the income qualification line.  Thus she would be disqualifed from SSI as well.
Answered on Jul 10th, 2013 at 3:06 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters