Can my sister get Social Security disability benefits based on her husband's record when she doesn't have enough work credits?
My sister (57) has been dealing with severe Multiple Sclerosis for about 8 years now and can't work at all anymore. Her husband just turned 66 and is thinking about claiming his SS retirement soon. The problem is that when she applied for SSDI a few years ago, she was denied because she didn't have enough recent work credits (she had to stop working in her late 40s when her MS got really bad). I thought she might be able to get some kind of disability benefits through her husband's Social Security record? They've been married for 25 years, and her medical condition is well-documented. Does anyone know if there's a way for her to qualify for disability benefits based on her husband's work record? Or does she have to wait until she's 62 for spousal benefits? The MS has gotten worse and they're really struggling financially right now.
19 comments
Tobias Lancaster
She cant get SSDI on her husbands record, its only based on your own work. She might qualify for SSI though if their income/assets are low enough. SSI is different from SSDI, its needs-based. She should apply for that.
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Sophia Gabriel
•Thanks for replying. So there's no disability benefit through a spouse at all? I'm confused because I thought marriage meant you could get benefits through your spouse's record?
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Ezra Beard
Your sister cannot receive SSDI on her husband's record. SSDI (Social Security Disability Insurance) is only available based on your own work credits. What you're thinking of are spousal benefits, but those aren't available until she reaches retirement age (62 at the earliest). Even at that point, she would receive spousal retirement benefits, not disability benefits. As the previous commenter mentioned, she should look into SSI (Supplemental Security Income) if they have limited income and resources. SSI has strict financial limits - generally less than $2,000 in assets for an individual ($3,000 for a couple) and limited income. Your sister should contact SSA directly to explore her options and confirm if she might qualify for SSI based on their financial situation.
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Sophia Gabriel
•Thank you for explaining the difference. That's disappointing about having to wait until 62 for spousal benefits. The SSI asset limits are really tough - they don't have much but I think they're probably over those limits with their basic savings and car.
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Statiia Aarssizan
My husband was on SSDI for years before he qualified for retirement benefits, and I couldn't get ANYTHING from his record until I was 62!! The system SUCKS for younger disabled spouses. It's criminal how they treat people - if your disabled in your 50s your basically LEFT TO SUFFER until retirement age!!!! Your sister should definitely try for SSI but those asset limits are RIDICULOUS in today's economy.
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Reginald Blackwell
•Same thing w/ my family. Sister-in-law had MS, couldn't work, had to wait till 62 for spouse benefits. System isn't set up for younger disabled spouses.
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Aria Khan
I want to clarify something important here. The previous responses are correct that your sister cannot receive SSDI on her husband's record. However, she should check if she actually does qualify for SSDI on her own record. Many people don't realize that there's a special rule called the "Date Last Insured" (DLI). If she became disabled before her DLI expired, she might still qualify for SSDI even if she applied after her work credits would normally have expired. For example, if she had enough work credits when she first developed severe MS 8 years ago, but then applied several years later when she no longer had enough recent work credits, she might still qualify if she can prove she became disabled before her DLI. This is a technical but important distinction, and she should specifically ask about this when she contacts the SSA. She should say, "I want to apply for SSDI based on becoming disabled before my Date Last Insured expired."
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Sophia Gabriel
•Wow, I had no idea about this Date Last Insured thing. She definitely got worse gradually, but there was a point about 8 years ago when she couldn't work anymore. I'm going to tell her to look into this specifically. Thank you so much!
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Everett Tutum
Getting through to SSA is going to be crucial for your sister's case, especially if she's going to pursue that Date Last Insured angle the previous commenter mentioned. I was in a similar situation trying to help my brother with his disability claim and spent WEEKS trying to get someone on the phone. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU This made a huge difference because we were able to talk to someone who explained exactly what documentation we needed for his specific situation. For your sister, getting clear guidance on the DLI issue could be the difference between approval and denial.
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Sophia Gabriel
•I've never heard of this service but will definitely check it out. My sister has been trying to call SSA for weeks and keeps getting disconnected. Thanks for the tip!
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Tobias Lancaster
•I tried calling for 3 days straight before using claimyr. worked for me but feels wrong we have to use a service just to talk to our own government lol
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Sunny Wang
My sister has MS too and got denied SSDI at first. She appealed with a lawyer and eventually got approved. Tell your sister not to give up after first denial, almost everyone gets denied first time. The trick is getting a lawyer who specializes in disability cases for MS specifically.
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Sophia Gabriel
•That's really good to know. Did your sister have to pay the lawyer upfront or did they take a percentage of the backpay if she won?
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Sunny Wang
•The lawyer took a percentage of backpay, think it was 25% or something. But it was worth it cuz she got approved AND got like 18 months of backpay. They also helped prove when her disability actually started which was key.
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Ezra Beard
I want to emphasize what was said above about the Date Last Insured (DLI) - this is absolutely worth investigating. MS cases can be particularly complex because the onset is often gradual, but she should focus on documenting when the condition first prevented her from working at a substantial level (what SSA calls Substantial Gainful Activity or SGA). Additionally, regarding spousal benefits - your sister would need to wait until age 62 for reduced spousal retirement benefits, or full retirement age (67 for her) for unreduced spousal benefits. If she pursues the SSDI route based on her own record with the DLI approach, she should gather: 1. All medical records documenting her MS progression, especially from 8 years ago 2. Employment records showing when she reduced hours or stopped working 3. Statements from former employers or coworkers about how her condition affected her work 4. A detailed written statement about how her symptoms progressed This documentation will be crucial if she needs to prove she became disabled before her DLI expired.
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Sophia Gabriel
•Thank you so much for this detailed explanation. I'll help her start gathering all those records. I know she has medical documentation going back to when she was first diagnosed. The part about documenting when she actually had to stop working due to the MS is really helpful.
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Reginald Blackwell
Just wondering has she tried applying for state disability programs? Some states have their own disability benefits that aren't as strict as SSDI with the work credits thing.
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Sophia Gabriel
•I don't think she has. They're in Tennessee - I'm not sure what programs might be available there but I'll definitely suggest looking into state options too. At this point we need to explore every possibility.
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Ezra Beard
•Unfortunately, Tennessee doesn't have a state disability program like California or New York. However, she should check with Tennessee's Department of Human Services to see if she qualifies for any assistance programs based on her disability status. They may have programs that can help with healthcare, food, or other needs even if not direct income support.
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