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Can I qualify for my ex-wife's Social Security benefits if she earned more than me while I'm fighting for SSDI approval?

I've been fighting for SSDI approval for going on 3 years now due to several chronic conditions that have left me unable to work. Just had my second appeal denied last month. While I wait for my hearing date (which they said could be ANOTHER year!), I'm trying to figure out any options I might have. My ex-wife and I were married for 12 years before divorcing in 2016. She always made about twice what I did when I could still work - she was in healthcare management while I worked construction until my body gave out. I know spouses can sometimes claim on their partner's record, but does this apply to ex-spouses too? And does it matter that I'm a man claiming on my ex-wife's record? Not sure if there's different rules for men vs women in this situation. Any advice would be really appreciated as I'm barely making ends meet right now.

Chloe Delgado

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Yes, you can potentially claim on your ex-spouse's record regardless of gender. The rules are the same for men and women. To qualify for ex-spouse benefits, you need to meet these requirements: 1. Your marriage lasted at least 10 years (you meet this with 12 years) 2. You are currently unmarried 3. You are at least 62 years old 4. Your ex-spouse is entitled to Social Security retirement or disability benefits 5. The benefit you'd receive on your own work record is less than what you'd receive on your ex's record However, this is for retirement benefits, not disability. For SSDI, you need to qualify based on your own work record. You can't receive disability benefits on an ex-spouse's record.

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Liam O'Reilly

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Thanks for the clear explanation. I'm 58 now, so I guess I can't access her record until I hit 62 anyway. That's still better than nothing though. Really frustrating about the SSDI process. I've worked and paid into the system for 35+ years, but they keep denying me even though my doctors all say I can't work anymore.

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Ava Harris

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Just to add some practical advice to what was already shared - while you're waiting for your SSDI hearing, have you considered applying for SSI (Supplemental Security Income)? It's needs-based rather than work-based, so if your resources are limited enough, you might qualify while you're fighting the SSDI battle. Also, make sure you have a disability attorney for your hearing. Most work on contingency (they only get paid if you win), and they typically take 25% of your backpay up to a maximum of $7,200. Having representation increases your approval chances significantly at the hearing level - around 60% with representation versus 20% without.

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Liam O'Reilly

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I tried for SSI already but was denied because I have about $4500 in savings that I've been trying desperately not to touch. Apparently that puts me over their asset limit. I do have a disability lawyer now - got one after the second denial. He says my case looks strong for the hearing but the wait is killing me financially.

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Jacob Lee

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idk if this helps but my uncle had to apply 4 TIMES for his disability!! the system is RIGGED to deny people the first couple times hoping theyll just give up!!! keep fighting and dont let them win

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Liam O'Reilly

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Thanks for the encouragement. Sometimes it really does feel like they're just hoping I'll give up or die before they have to pay me anything. So frustrating.

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Emily Thompson

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While you're waiting for your hearing, have you tried calling the SSA to check if there's any way to expedite your case? Some conditions qualify for Compassionate Allowances or Critical Case processing. I know reaching them by phone can be nearly impossible though. I recently discovered a service called Claimyr (claimyr.com) that gets you through to a live SSA agent usually within 30 minutes instead of waiting for hours or getting disconnected. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU It saved me so much frustration when I was trying to resolve my own disability issues. Might be worth checking to see if your case could qualify for expedited processing.

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Jacob Lee

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is that service legit?? sounds like a scam to me

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Emily Thompson

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Yes, it's legitimate. It doesn't access your personal information or anything. It basically just navigates the phone system and waits on hold for you, then calls you when an agent is available. Saved me hours of frustration.

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I was in a similar situation. Took me over 3 years to get approved for SSDI after initial denial and reconsideration denial. The hearing finally got me approved. Just hang in there! On the ex-spouse benefits - yes, men can claim on ex-wives' records just the same as women can claim on ex-husbands'. Equality works both ways with Social Security. But like someone else said, you gotta wait till retirement age for that. The good news is that once you finally get approved for SSDI, you'll get backpay from your application date.

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Daniela Rossi

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Actually, there IS a difference sometimes between how men and women get survivor benefits! My father-in-law had trouble claiming on my mother-in-law's record because of some rule about proving dependency. I don't remember the details but I think men used to have to prove they were financially dependent on their wives in a way women didn't have to. But I think those rules mostly changed in the 1970s? Somebody correct me if I'm wrong.

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Chloe Delgado

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You're mixing up survivor benefits with spousal benefits. Survivor benefits (when your spouse dies) did historically have different rules for men and women, but that was changed decades ago after Supreme Court cases found it unconstitutional. For divorced spousal benefits (what OP is asking about), there is absolutely no difference between men and women claiming on an ex-spouse's record. The rules are identical regardless of gender.

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Ryan Kim

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I'm so sorry you're going through this. The SSDI process is brutal and dehumanizing. I was denied twice before finally being approved at my hearing. The worst part is the financial strain while you wait. Have you checked with your local ADRC (Aging and Disability Resource Center) or similar social services? They might know of emergency assistance programs in your area. Some counties have hardship funds specifically for people waiting on SSDI decisions. Also, make sure you're regularly sending any new medical records to SSA while you wait for your hearing. New evidence can sometimes help, especially if your condition is worsening.

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Liam O'Reilly

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Thank you for the suggestion. I haven't tried ADRC - will look them up tomorrow. And yes, I've been sending all my new medical records to both SSA and my attorney. Had two more hospitalizations since my last denial that should help prove my case.

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If you don't mind me asking, what conditions are you dealing with? Some conditions have much higher approval rates than others.

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Liam O'Reilly

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I have degenerative disc disease with two failed back surgeries, severe coronary artery disease (had a heart attack last year), and type 2 diabetes that's caused neuropathy in both feet. Also dealing with depression and anxiety that my doctor says is directly related to my physical health deteriorating, but I know mental health claims are even harder to get approved.

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Ava Harris

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With that combination of serious conditions, especially with the documented heart attack and failed surgeries, you have a strong case for your hearing. Make sure your attorney has all the medical documentation, particularly anything that specifically states work limitations from your doctors. Statements about being unable to stand/walk for certain periods, inability to lift objects, need for frequent breaks, etc. are particularly valuable for your case.

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Jacob Lee

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my mom is getting benefits from my dad and they divorced like 30 years ago so yeah it definitely works for exes

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