SSD denied

Sunshine2024

Hello,

My 52 year old husband was diagnosed w EO Dementia/Alzheimer’s in February this year. He worked at a medical center at our State Univ from 2010-2022 then started a new job and had been there 6 months. He was denied SSD because he didn’t work where he contributed to SS over the past 10 years. He DID work at other jobs prior to the Univ Med Center and had to 40 credits for SS when he turns 62. I’m curious if anyone else has experienced this? Makes no sense to me if he has enough credits for SS at 62.

He is unable to work and drive and seems to be taking that well.

We are now in a fight for long term disability. DH last official day at work is 6/30. I guess he applies for Medicaid after that.

I work full time and am trying to declutter on the weekends and simplify our home. Our main floor is good. It’s our upstairs and basement that I’m working on.

I am happy we have support groups and the Alz Assn. to help guide through this.

We have our legal and finances handled. I’ve visited a day program at a local facility and he will start there a couple days per week this fall.

M1

welcome to the forum sunshine. Do you have an attorney helping you with the disability claims? I hope you do, would probably be worth it. I'm so sorry you are dealing with this. This forum is a very supportive place.

Sunshine2024

Yes, we do have legal help since our options are dwindling. I have read a lot of posts and learned a lot. Thanks

Quilting brings calm

@Crushed - do you have any suggestions for this situation? Since your spouse has a federal government employment background, maybe you’ve seen similar issues?

Crushed

Social security lawters are experts at this

BadMoonRising

The first question asked is whether your husband was working at the time of his application for SSDIB? It sounds like he was. There is an automatic assumption that if the applicant earns more than $x dollars he is presumed to be engaging in Substantial Gainful Activity. Game over. Unless one can prove otherwise.

If you have not yet done so, review your husband's earnings record. If it is incorrect, it can be corrected. Go to ssa.gov and help him sign up for his account. Review his earnings records to confirm that his earnings were accurately reported by his employers. Based on what you have written, the record should indicate he has had no period of unemployment. (Note that if he has worked as a contractor and reduced his income and FICA tax via business "expenses" and the like, SSA may be correct in its denial.)

Unlike Soc Sec Retirement benefits, Disability benefits have a "recency" test. That is, a number of the credits need to be earned in a specific period of time prior to the Alleged Onset Date of Disability. This is why one could qualify for retirement benefits but not disability benefits.

To recap: First Step: CHECK his Earnings Record.