Can I get any of my husband's Social Security benefits while he's in a nursing home?

you might qualify for spousal benefits if they're higher than what youre getting now. depends on your FRA and when you started taking your own benefits. my sister went through similar with her husband last year. definitely worth checking into!!

I highly recommend using Claimyr (claimyr.com) to get through to SSA quickly. I was in a somewhat similar situation with my mom in a facility, and I spent days trying to get through on the phone. With Claimyr, I got a callback from an actual SSA agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Helped me sort out a complicated benefits question that I couldn't figure out from the website.

This is actually a somewhat complex situation, so I'll try to break it down clearly: 1. If your own benefit is less than 50% of your husband's, you could be eligible for additional spousal benefits to bring you up to that 50% level. Since his benefit is $2,450, the maximum spousal benefit would be $1,225. Since you're already receiving $1,740, you wouldn't qualify for additional spousal benefits based on the 50% calculation. 2. HOWEVER, when a spouse enters a nursing home, this creates a special situation. If your husband is receiving Medicaid to help cover nursing home costs, you may qualify for something called the "spousal impoverishment" protections. These are designed to prevent the at-home spouse from becoming impoverished. 3. You should contact your local Medicaid office as they can explain the spousal impoverishment rules that might allow you to retain more of your combined assets and possibly income. 4. Your husband's Medicare coverage isn't affected by nursing home placement, but Medicare only covers limited nursing home care (usually up to 100 days following hospitalization). After that, either private pay or Medicaid would be needed. Contact your local Social Security office in person if possible - these situations really need case-specific guidance.

my dad was in nursing home for 3 years before he passed. mom didn't get any extra ss but the nursing home took ALL his ss check and she kept hers. something about medicaid rules. check with the social worker at the nursing home they know all this stuff!!

You need to talk to an elder law attorney ASAP!!! This is not just a Social Security question but a Medicaid planning issue. We spent $4000 on an attorney when my mother-in-law went into care but it saved us over $60,000 in the long run. There are legal ways to protect assets. DON'T just rely on what the government tells you!!!

I WENT THROUGH EXACT SAME THING!!! The nursing home made us apply for medicaid and then they took my husbands entire SS check BUT I got to keep a portion of his check through the "spousal allowance" thing because my income was too low to cover my bills. The medicaid office determined the amount. It was a NIGHTMARE to set up but once it was going it helped me keep the house. DONT let them tell you that you cant get any of his check!!!!!

my cousin works for SS and she says rules are different in each state for medicaid nursing homes so be careful what advice you take online

Thanks everyone for all this helpful information! I've made notes of everything and have a much better understanding of my options now. I'm going to: 1) Look for an elder law attorney for a consultation this week, 2) Try Claimyr to get through to SSA about my specific situation, and 3) Gather ALL my expense documentation for the Medicaid application. I'll update once I know more in case it helps someone else in the future. This community has been a lifesaver!

I'm dealing with a similar situation with my mother-in-law right now. One thing that hasn't been mentioned yet is that you should also check if your state has a "spousal refusal" option. In some states, the community spouse can legally refuse to contribute their income/assets toward the nursing home spouse's care, which can help preserve more resources for the at-home spouse. Also, make sure to ask about the Personal Needs Allowance - your husband should be allowed to keep a small amount (usually $30-60/month) from his Social Security for personal expenses even while in the facility. The social worker at the nursing home should be able to help with this, but definitely get that elder law attorney consultation too!

I'm so sorry you're going through this - it's such a stressful situation! I went through something similar with my dad a few years ago. One thing I learned is that you should also ask about the "community spouse income allowance" when you talk to Medicaid. They have minimum income standards that you're allowed to keep, and if your Social Security doesn't meet that minimum, you may be able to keep some of your husband's benefit to reach that threshold. In my state it was around $2,300/month but it varies by state. Also, don't forget to ask about keeping your home and one car - these are usually protected assets. The whole process is overwhelming but there are protections in place to prevent you from becoming destitute. Hang in there and definitely get that attorney consultation!

I'm new to this community but wanted to share what I learned when my aunt went through this exact situation in Pennsylvania. The key thing to understand is that while you probably won't get additional Social Security spousal benefits (since your $1,740 is already more than 50% of his $2,450), you may be entitled to keep some of his income through Medicaid's spousal impoverishment protections. When we applied for Medicaid for my aunt's husband, they calculated something called the MMMNA (Minimum Monthly Maintenance Needs Allowance) which in PA was around $2,465 at the time. Since my aunt's Social Security was only $1,200, she was allowed to keep about $1,265 of her husband's Social Security each month to reach that minimum. The nursing home got the rest of his check. Also, make sure you ask about the "spousal resource allowance" - you're allowed to keep approximately half of your countable assets up to a certain limit (around $137,000 in most states as of 2024). This helped my aunt keep their savings account and avoid losing the house. The social worker at the nursing home should help with the Medicaid application, but definitely get that elder law attorney consultation too. Every state has slightly different rules and an attorney can make sure you're getting all the protections you're entitled to. Good luck!

I'm so sorry you're dealing with this difficult situation. Based on what others have shared, it sounds like while you won't qualify for additional Social Security spousal benefits (since your $1,740 is already more than 50% of his $2,450), you should definitely explore the Medicaid spousal impoverishment protections. These are specifically designed to help the community spouse (you) maintain a minimum standard of living while the other spouse is in long-term care. The key things to ask about are the MMMNA (Minimum Monthly Maintenance Needs Allowance) and the CSRA (Community Spouse Resource Allowance). If your income falls below the MMMNA threshold for your state, you may be able to keep a portion of your husband's Social Security to bring you up to that minimum. I'd strongly recommend getting that elder law attorney consultation as soon as possible - they can help ensure you're getting all the protections you're entitled to under both federal and Ohio state rules. Also, definitely try Claimyr to get through to SSA more quickly if you need specific guidance from them. Wishing you strength through this challenging time!

I'm so glad to see this community coming together to help with such a complex situation! As someone who works in elder care advocacy, I want to add one important point that hasn't been fully emphasized: timing is critical here. While you're gathering information and setting up consultations, make sure to document everything NOW - all your monthly expenses, assets, and income sources. Medicaid has a 5-year "look-back" period where they review all financial transactions, so having organized records from the start will save you headaches later. Also, if your husband hasn't already applied for Medicaid, don't delay that process while you're figuring out the Social Security piece - these applications can take months to process. The sooner you get in the system, the sooner you can start getting the spousal protections everyone has mentioned. And remember, even if the first Medicaid worker you speak with doesn't seem knowledgeable about spousal impoverishment rules, don't give up - ask to speak with a supervisor or case manager who specializes in nursing home cases. You've got this!

I'm new to this community but dealing with a very similar situation with my mom who just entered a memory care facility. Reading through all these responses has been incredibly eye-opening! I had no idea about the MMMNA and spousal impoverishment protections - I thought once she went into care, that was it for keeping any of her Social Security. One thing I want to add based on what our social worker told us: make sure to ask about the "shelter allowance" when calculating your MMMNA. If your housing costs (mortgage, taxes, insurance) are high like yours are at $1,850/month, you might be entitled to an even higher monthly maintenance allowance beyond the basic MMMNA amount. In some cases, this can add several hundred dollars more that you're allowed to keep from your spouse's benefits. Also, definitely keep all your utility bills, property tax statements, and homeowner's insurance documents organized - they'll need all of this to calculate your actual shelter costs. The whole process feels overwhelming but everyone here has given such helpful advice. Thank you for posting this question - it's helping so many of us who are going through the same thing!

I'm so sorry you're going through this challenging situation with your husband's care needs. This thread has been incredibly informative! I'm dealing with something similar with my father who may need to enter a memory care facility soon, and reading everyone's experiences has helped me understand what to expect. One thing I wanted to add that might be helpful - when you meet with the elder law attorney, ask specifically about the "snapshot date" for asset assessment. This is typically the first day of the month your husband became eligible for Medicaid, and it determines what assets are counted for the spousal resource allowance calculation. Understanding this timing can be crucial for planning. Also, I've heard that some states have "spousal income assignment" rules that might work differently than the MMMNA calculations others have mentioned. Since you're in Ohio, the attorney should be able to tell you exactly which rules apply in your state. You're doing such a great job advocating for yourself and your husband during this difficult time. Please do keep us updated after your attorney consultation - your experience will undoubtedly help other families facing similar situations. Sending you strength and hope!

I'm so sorry you're facing this difficult situation. As someone who went through this with my own parents, I want to emphasize something that several people have touched on but bears repeating: don't let anyone tell you there's nothing you can do to protect your income and assets. While you're correct that you won't qualify for additional Social Security spousal benefits (since your $1,740 is already more than 50% of his $2,450 benefit), the Medicaid spousal impoverishment protections are specifically designed for situations like yours. The key is understanding that Social Security rules and Medicaid rules are completely separate systems. One practical tip: when you call the Medicaid office, ask specifically to speak with someone who handles "community spouse cases" or "spousal impoverishment assessments." Regular intake workers sometimes aren't as familiar with these specialized rules. Also, bring a calculator and notepad to every meeting - these calculations can get complex and you'll want to understand exactly how they're determining your allowances. The fact that your mortgage is $1,850/month actually works in your favor for the shelter allowance calculation that Daniel mentioned. With housing costs that high, you'll likely qualify for additional income beyond the basic MMMNA. You're asking all the right questions and taking the right steps. This process is intimidating but there are real protections available - you just have to know how to access them. Rooting for you!

I'm going through something very similar with my mom who entered assisted living last year. One thing that really helped us was getting a "spousal needs assessment" done by the Medicaid office - they calculate exactly how much you're allowed to keep based on your specific expenses and income. In our case, my dad was able to keep about $400 more per month than we initially thought because of their mortgage and medical expenses. Also, make sure you ask about the "excess shelter allowance" - if your housing costs are more than a certain percentage of the basic MMMNA (which yours definitely are with that $1,850 mortgage), you may qualify for additional income protection. The social worker at my mom's facility wasn't familiar with this, but the Medicaid caseworker knew exactly what we were talking about. One more tip: keep copies of EVERYTHING. We had to resubmit paperwork twice because things got "lost" in the system. Having organized files saved us months of delays. You're doing all the right things by getting professional help and asking these questions early in the process!

I'm so sorry you're dealing with this stressful situation. Reading through all these responses has been incredibly educational for me too, as I may face something similar with my elderly parents soon. Based on everything shared here, it sounds like you have a solid action plan: getting that elder law attorney consultation, trying Claimyr to reach SSA, and gathering all your financial documentation for the Medicaid application. One thing I wanted to add that might be helpful - when you're organizing all those expense documents everyone mentioned, don't forget to include things like prescription costs, medical equipment, and any ongoing healthcare expenses you have. These can sometimes be factored into the calculations for how much income you're allowed to keep. Also, I've heard that some elder law attorneys offer free initial consultations for these types of cases, so if cost is a concern, it might be worth calling around to a few different firms. The investment in professional guidance seems like it could potentially save thousands in the long run based on what others have shared here. You're clearly a strong advocate for both yourself and your husband, and you're asking all the right questions. This community has provided such valuable insights - please do keep us updated on how your consultation goes. Wishing you the very best outcome!

I'm so sorry you're going through this difficult situation. My grandfather went through something very similar when he had to enter a nursing home for dementia care. Based on what everyone has shared here, it sounds like you're on the right track with getting that elder law attorney consultation and trying to reach SSA through Claimyr. One thing I learned from our experience that might be helpful - when you meet with the attorney on Thursday, ask them about the timing of your Medicaid application versus when your husband's Social Security gets redirected to the nursing home. In our case, there was about a 2-month gap where we were still receiving grandpa's full SS check while the Medicaid paperwork was being processed, and we had to be very careful about how that money was handled during that transition period. Also, make sure to ask the attorney about any spend-down requirements for your assets. Even with the spousal resource allowance protections, there might be strategic ways to position your finances before the Medicaid approval goes through. This whole process is so complex and emotionally draining, but it sounds like you're doing everything right by getting professional help and asking these important questions early. The fact that this community has been able to provide so much detailed guidance shows there really are protections available - you just have to know how to access them. Sending you strength for your upcoming meetings!