Can I qualify for SSDI at 59 with work gap after helping run family business under husband's SS number?
My husband has been on SSDI for almost 6 years due to severe back problems and other health issues. His benefits aren't enough to cover our expenses, so I've been trying to keep our small automotive repair shop running by myself. For most of our marriage (about 25 years), we filed taxes under his SS number when we ran the shop together. When he couldn't work anymore, I started filing under my own SS number. Now my health is declining too, and I can't keep up with even the basic services at the shop (oil changes, brake jobs, etc.). I worked outside our business for 14 years earlier in life and earned credits, but there's a significant gap where I was helping at the shop but not paying into my own record. I'm 59 now and wondering if I can qualify for disability or early retirement benefits? I have the work credits from my earlier jobs, plus these last 6 years filing under my own SS number, but I'm worried about that gap in between. I know they calculate benefits based on your highest 35 years of earnings. What options do I have? We own our home and have two vehicles (one is a family heirloom), but our income is rapidly disappearing as my health worsens.
21 comments
Paige Cantoni
You're in a complicated situation but there are several options to explore. Let me break it down: 1) For SSDI: You need to have worked 5 out of the last 10 years (20 credits) at your age. From what you described, you might qualify since you've been filing under your own SSN for 6 years. The gap before that wouldn't matter for disability qualification purposes. 2) For early retirement: Yes, you can claim reduced retirement benefits at 62. If you have enough credits (40 total), the gap doesn't disqualify you, but it will affect your benefit amount since those zero-earning years may be included in your 35-year calculation. 3) Spousal benefits: Since your husband is on SSDI, you might qualify for spousal benefits at age 62 (50% of his benefit amount). First step: Create a my Social Security account online and check your earnings record and estimated benefits. Then contact SSA directly to discuss your options based on your specific situation.
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Chad Winthrope
•Thank you so much for explaining this! I never realized I might qualify for spousal benefits based on his SSDI. I tried creating that online account last year but got confused halfway through. I'll try again. Do you think I should apply for SSDI first since my health is getting worse? Or should I wait until 62 for early retirement? The shop is barely bringing in enough to keep the lights on now.
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Kylo Ren
have u tried calling the SSA? good luck with that lol. i spent 3 DAYS trying to get thru to a person when my husband passed. kept disconnecting me after 2 hours on hold!!!
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Chad Winthrope
•I tried calling twice last month and gave up after being on hold for over an hour each time. It's so frustrating! Did you eventually get through to someone?
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Nina Fitzgerald
Based on what you've shared, I'd recommend applying for SSDI now rather than waiting for retirement benefits. Here's why: 1. If approved for SSDI, you'll receive your full benefit amount regardless of age (not reduced like early retirement) 2. After 24 months on SSDI, you'll qualify for Medicare regardless of age 3. If denied, you can still apply for early retirement when you turn 62 For the work credits: At age 59, you need 40 total credits (10 years) overall, AND 20 credits in the last 10 years (5 years). Your 6 years of self-employment plus some of your previous 14 years may satisfy this requirement. The gap in your work history isn't disqualifying for SSDI eligibility, but as mentioned, it will affect your benefit calculation since benefits are based on lifetime earnings averaged over 35 years.
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Chad Winthrope
•This is really helpful! I didn't know about the Medicare after 24 months - that would be a huge help. My husband waited almost a year for his SSDI to be approved. Is there anything I can do to improve my chances or speed up the process?
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Jason Brewer
I went through something similar with my husband's construction business. The SSA will look at your tax returns very carefully to determine if you were truly self-employed during those 6 years or if they were just filed that way for convenience. Make sure you have documentation showing you were actually running the business - customer receipts with your name, business cards, anything showing you as an owner/operator. They scrutinize small family businesses carefully.
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Chad Winthrope
•That's a good point. I have been signing all the invoices and receipts since he went on disability. The shop bank account was moved to my name too. I'll gather all that documentation. Thanks for the tip!
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Kiara Fisherman
I had to call SSA 47 times before I could talk to someone about my disability application. It was a nightmare trying to get through. When I finally did speak to someone who could help, they were actually really nice and helpful, but GETTING to that person? Impossible. I recently discovered a service called Claimyr that got me through to a real person at SSA in under 10 minutes. You can see how it works at https://youtu.be/Z-BRbJw3puU - it saved me hours of frustration when I needed to follow up about my application status. Definitely worth checking out if you need to speak with someone at SSA about your specific situation.
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Chad Winthrope
•I've never heard of this service before! Just watched the video - that looks so much easier than what I've been doing. I'm going to try it tomorrow. I really need to speak to someone directly about my situation since it's complicated with the business and everything.
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Liam Cortez
you should look into SSI too if ur income is low enough. my sister gets SSDI and SSI both because her SSDI is so small.
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Nina Fitzgerald
•Actually, SSI is specifically for people with limited income AND limited resources. Since the OP mentioned owning a home and two vehicles, they would likely exceed the resource limit for SSI ($2,000 for individuals/$3,000 for couples), unless they qualify for certain exclusions. But it's still worth discussing with SSA during the application process.
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Savannah Vin
Honey trust me APPLY FOR SSDI NOW!!! Don't wait til 62!!! If you're truly disabled they'll approve you! I waited too long because I thought I wouldn't qualify with my work history gaps and I lost out on YEARS of payments I could have received!!! The system is SO FRUSTRATING but if you qualify you DESERVE those benefits after working and paying into the system all those years!!! Make sure your doctor documents EVERYTHING about your condition!!!!
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Chad Winthrope
•Thank you for the encouragement! I've been putting it off because the whole process seems so overwhelming. I see my doctor next week and will make sure everything gets documented properly. Did you use a lawyer for your case?
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Paige Cantoni
To address your follow-up question about improving your chances and speeding up the SSDI process: 1. Make sure your medical records clearly document your conditions and limitations 2. Be specific about how your health prevents you from working 3. Get statements from doctors specifically addressing your work limitations 4. Complete all paperwork thoroughly and promptly 5. Respond immediately to any requests for additional information Also, you mentioned your husband's SSDI isn't enough to cover expenses. You might want to verify he's receiving all benefits he's entitled to. If he's on SSDI for 6 years and has a dependent minor child, or if he's reached Full Retirement Age, there might be additional benefits available.
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Chad Winthrope
•We don't have any dependent children, they're all grown. But he's only 61, so not at retirement age yet. I'll definitely follow all your advice for the application. Should I get copies of all my medical records before applying or will they request them directly?
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Kylo Ren
btw when u apply make sure u list EVERY single thing wrong with u not just the main problem. my claim was denied when i only talked about my back but got approved when i listed everything (diabetes, depression, high blood pressure, etc). they look at the COMBINED effect of all ur health problems!
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Liam Cortez
•yes!! this is so important!! my cousin only put her main disability and got denied twice but then her lawyer made her list EVERYTHING and she got approved
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Chad Winthrope
•I hadn't thought about listing everything. I've been focusing on my severe arthritis and back problems, but I also have high blood pressure, early stage COPD from years around the shop, and some vision problems. I'll make sure to document all of these. Thank you!
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Nina Fitzgerald
One more thing to consider about your situation: If your husband's SSDI benefit is very low, it might be because not all of your business income was properly credited to his earnings record during those years you filed jointly. Self-employment income is reported on Schedule SE, and sometimes small business owners don't complete this correctly. It might be worth having a Social Security representative review his earnings record to ensure all income was properly credited. If there are errors, you can request corrections with proof of tax filings. The same goes for your own record during the 6 years you've been filing - make sure you're completing Schedule SE correctly so your self-employment earnings count toward your Social Security credits.
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Chad Winthrope
•That's an excellent point. We've always used a tax preparer from H&R Block, but I've never specifically checked if the Schedule SE was done correctly. I'm going to pull all our tax returns from the last 10 years and review them. Thank you for this tip!
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