Social Security disability confusion - lost work credits after 10 years self-employed - options with abusive spouse?
I'm struggling to understand my Social Security options and hoping someone can clarify. I was told previously that I had accumulated 40 work credits for Social Security, but now I'm being told I've lost them? I started working when I was 16 and maintained steady employment until my health started deteriorating. I'm now 41 with multiple serious health conditions including an autoimmune disorder that's progressively getting worse.For the past decade, I've been self-employed with a small business. I filed taxes but apparently wasn't contributing to Social Security during this time. I had no idea this was happening - nobody explained that I needed to pay self-employment tax specifically.My personal situation is complicated: By December 6, 2025, I'll have been married for 2 years. I have a 16-year-old dependent. The marriage is emotionally and financially abusive, but I'm trapped because I depend on my spouse for housing, income, and health insurance coverage.I consulted with a Social Security attorney who told me two concerning things: 1) My husband's income is too high for me to qualify for SSI while married to him, and 2) If I divorce, I would only get about $1,125 monthly because I've "lost" my work credits.Can anyone confirm if this information seems accurate? Would I really lose all those early work credits? Are there any options I'm missing? I feel completely stuck between staying in an abusive situation or facing extreme financial hardship.
20 comments


Dylan Mitchell
you probably didnt pay the self employment tax so you werent contributing to social security. you have to specifically pay that tax on Schedule SE when your self-employed. credits expire after 10 years if you stop working i think
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Fatima Al-Suwaidi
That's what I'm afraid of. I honestly had no idea this was happening. I paid my income taxes but didn't understand that self-employment tax was separate. Is there any way to pay it retroactively for those years?
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Sofia Morales
There's some confusion here that needs clarification. Social Security work credits don't
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Fatima Al-Suwaidi
Thank you so much for this detailed explanation. I'll definitely create an account on ssa.gov to check my actual work record. The attorney I spoke with made it sound like everything had disappeared. I had no idea about the spousal benefits potentially being available after just 1 year of marriage if I become disabled - that's important information.
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Dmitry Popov
I dont think spousal benefits work like that. You only get spousal benefits when your spouse retires or becomes disabled themselves, not when YOU become disabled. And for disability on your own record you definitely need recent work credits. The system is BROKEN!!!
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Ava Garcia
My sister went through something similar with not paying self employment tax for years. Sadly you can't go back and fix it for most of those years. But on the spouse thing, you should double check because I thought you had to be married 10 years before divorce to get ex-spouse benefits, not 2 years.
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StarSailor}
You're correct about the 10 years for divorced spouse retirement benefits. The 1-year rule is for current spouse benefits and for widow(er) benefits. Since the original poster mentioned having a 16-year-old dependent, there might also be options for auxiliary benefits for the child if the poster qualifies for disability benefits. However, there's an important distinction: SSI (Supplemental Security Income) is means-tested and would consider the spouse's income. SSDI (Social Security Disability Insurance) is based on work credits and does not. To the original poster: If you've been married less than 2 years and are in an abusive situation, please know that there are domestic violence resources that can help with transitional housing and support services while you navigate these complex benefit questions.
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Miguel Silva
This is such a frustrating situation! The Social Security system is incredibly complex and no one teaches us how it works until we're in crisis. I had an impossible time getting accurate information when I needed disability benefits.One thing that helped me tremendously was using Claimyr (claimyr.com) to actually reach a live SSA agent. I spent WEEKS trying to get through the normal phone line with no success. With Claimyr, I got through in about 20 minutes and was able to ask specific questions about my situation. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puUThe agent I spoke with was actually helpful in explaining my options much more clearly than the automated systems or online info. They might be able to tell you exactly what's in your work record and what options you actually have.
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Zainab Ismail
Does that service really work? I've tried calling SS like 20 times and always get disconnected after waiting forever!
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Miguel Silva
Yes, it actually worked for me! After trying for weeks on my own. The difference was night and day - no more endless busy signals or getting disconnected after waiting an hour.
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Zainab Ismail
wow that attorney might not be telling u everything. my friend got disability with a working spouse, they just get less money. u should try to apply anyway and see what happens
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Fatima Al-Suwaidi
Really? That gives me some hope. Did your friend get SSDI or SSI? I'm thinking the attorney might have been talking about SSI specifically when mentioning my husband's income.
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StarSailor}
I'd like to clarify a few important points about your situation:1. For SSDI eligibility, you generally need 20 credits earned in the last 10 years (the 5/10 rule). This requirement is adjusted for younger workers.2. If you haven't paid self-employment taxes (Schedule SE), you haven't been earning credits during that period. As another commenter mentioned, you can only amend returns for about 3 years back.3. SSI and SSDI are different programs: - SSDI is based on work credits and is not affected by your spouse's income - SSI is needs-based and does consider household income (your spouse's earnings)4. Spousal benefits typically apply when: - Your spouse is receiving retirement or disability benefits - You're at least 62 OR caring for a child under 16 - You've been married at least one year5. Divorced spousal benefits require a 10-year marriage duration.I recommend:1. Create a my Social Security account to see your exact earnings record2. Request a Benefits Planning Query (BPQY) from SSA to see all potential benefits3. Consider contacting a different Social Security attorney or a WIPA (Work Incentives Planning and Assistance) counselor for a second opinionYour situation has several complex factors that require personalized analysis.
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Fatima Al-Suwaidi
Thank you for this clear breakdown. I'm going to create that account right away to check my exact earnings record. I had no idea about the Benefits Planning Query - that sounds exactly like what I need to understand my full situation. I'll definitely seek a second opinion too.
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Dmitry Popov
The whole system is RIGGED against self-employed people!!! We pay DOUBLE the social security tax compared to regular employees (15.3% vs 7.65%) and then when we miss something in the complicated tax code we lose everything! I've been fighting with SSA for 2 years about similar issues and they just keep giving me different answers every time I call. One agent tells me one thing and another contradicts it completely.
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Zainab Ismail
this is so true!! happened to my cousin too, total nightmare trying to get straight answers from them
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Sofia Morales
Regarding the abusive relationship aspect of your situation - please know that financial abuse is a recognized form of domestic violence, and there are resources available to help. Many domestic violence organizations can connect you with benefits specialists who understand how to navigate these complex systems while dealing with an abusive situation.The National Domestic Violence Hotline (1-800-799-7233) can connect you with local resources. Many areas have transitional housing programs specifically for survivors that include case management to help with benefits applications.Additionally, if you do pursue disability benefits, the application process can take a long time (often 1-2 years if appeals are needed). Having support during this process is crucial.
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Fatima Al-Suwaidi
Thank you for acknowledging the abuse component. It's so hard to explain to people how trapped I feel. I appreciate the resource information - I'll save that number. I'm trying to figure out if there's any way I could survive financially if I left, and it sounds like the disability process would leave me in limbo for quite a while.
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Dylan Mitchell
if your husbands abusive why wait til december? the 2 year mark only matters for certain benefits but not worth staying in danger
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Fatima Al-Suwaidi
It's complicated. Without income of my own and with my health issues, I don't have many options. I'm trying to understand what benefits I might qualify for if I leave versus what I might lose by leaving before certain time thresholds. It's literally about survival at this point.
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