Please! Can someone give me answers - Disabilities Message Board

nmamommy · 04-28-2006, 09:02 AM

Hi,
I am a 41 year old mother of 3 children ages 8, 7 and 4. I have Fibromyalgia and my doctor believes that I cannot hold down a job. I am soon to be divorced from my husband. I have not worked for money in 10 years. I was taking time off to decide what I wanted to do when I became pregnant with my 1st and by the time my 3rd was a year old, I had been diagnosed. It appears to me that I am not entitled to disability payments because instaed of working for a paycheck I decided to stay at home and raise my children. I find this very difficult to be true. I currently live in NJ. The terms of the divorce state that I will recive $2,000 a month in payments from my ex and will have a lump sum of money from my half of the sale of the house. My problem is, without an income, in this state $2,000 a month is not enough to secure a decent residence for me and the 3 kids and pay for heat, gas, food etc. The monet I get from the house will eventually run out if I have no income. So where does that leave me? Any suggestions would be so very welcome.
Thanks,
Maria

Kissa · 04-28-2006, 10:27 AM

SSDI is based on credits of earning. You recieve one credit for a certain amount of income you earned during a certain period (a quarter I believe as you can only earn a max of 4 credits per year). This is year the amount that one must make is $960. At your age you are required to have 20 work credits. 10 of those credits must be gained in the 10 years prior to your disability (according to the SSI web site). If you do not meet the amount of required work credits you are not eligible for SSDI. Because you have not worked in 10 years you would have no credits and therefor not qualify.

SSI is based on income and not work credits as well as many other things such as if you own a car, land, home, stocks, bonds or have money in the bank. You can not have more than $2000 in resources and qualify for SSI. Your monthly income limit is based on state (similiar to the public welfare system) and you have to call your local office to find out what the maximum amount of monthly income you can have in order to obtain benefits. I do not know if child support is considered while applying for SSI but any money you would have in the bank from the sale of your home will in fact bear on the ability to have SSI.

While $2000 a month may not seem like much to you there are many individuals living on SSI alone and their monthly payments can be less than $600 per month. $24,000 per year is about the national average of salary of the common worker, you are very lucky. $2000 per month is far more than the average SSD individual ever gets, the average is probably more like half of that amount.

Until you are able to meet the financial qualifications of SSI or meet the requirements of SSD by working there is simply nothing you can do.

countrykid · 04-28-2006, 11:38 AM

nmamommy

I would suggest to go to the Social Security website and use B.E.S.T. ---
it is the Benefit Eligibilty Screening Tool. Eventhough you have not worked in 10 years you may be able to get SSDI based on your spouse (soon to be former) earnings. If eligible for SSDI your children would be eligible to also recieve benefits. The tool will tell you which benefits you are eligible. You can also then apply on line. The website gives you lots of info and you can always call the SS 800 # for info.
My sister did not work for many years and had a stroke at age 40. She was able to recieve both benefits for herself and my niece. She was recieving spousal and child support from former husband, had a home, and was just newly married. She had a real good divorce settlement.
Hope this helps you alittle.

countrykid · 04-28-2006, 05:24 PM

Quote:

Originally Posted by helpnow

I would suggest to go to the Social Security website and use B.E.S.T. ---

what is this?

can it help if you are still in the hearing stage?

helpnow
B.E.S.T. It is the Benefit Eligibilty Screening Tool which is located on the SS website. It is a set of questions you answer to see if you could possibly be eligible for any benefits. At the end of the questions it gives you a breakdown of the benefits you may be able to apply for through SS.
To answer your question about it helping you in the hearing stage...no
It's purpose is just to help you determine if you may qualify to start the procedure of applying.

Mz Migraine · 04-28-2006, 09:17 PM

Since you live in New Jersey and due to your type of situation I suggest that you speak with a Social Security Disability Attorney *FIRST* to determine if you do have a ligit claim/case. The consultation is *FREE*.

This way you will know exactly where you stand. Check your local yellow pages for an atty. Find one that ONLY deals w/Social Security Disability cases.

Good luck!