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  1. #1
    LouisianaMan44 is offline Junior Member
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    Apr 2006
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    Married and Separated, wife is on SSI

    What is the name of your state? Louisiana, Arkansas

    My question concerns disability laws in the state of Arkansas and marriage.

    My wife and I were married after she applied for disability and before she was approved for SSI benefits.

    Since she has started receiving SSI and Medicaid we have not been able to continue living together due to the fear of her losing her SSI check and Medicaid. She is on pain medicine, anti-depressants, and nerve medicine for fibromyalgia and depression.

    We were told that due to my receiving retirement benefits from the Air Force, that I made too much unearned income and we could not live together. I told the person at the Social Security office that I only received half of my retirement which is $630.00 due to a divorce settlement. My wife receives about $600.00 in SSI.

    My wife lived in a house that was owned by her mother. When I met my wife, she was living with her mother and her two minor children. Her mother subsequently moved out and my wife and I and her two children lived in the house. After my wife started receiving SSI and Medicaid, I moved into an apartment so that my wife would not lose her disabiltiy benefits.

    My wife has since moved out of her mother's house and rented a government subsidized apartment for disabled and handicapped persons. I don't believe anyone can live with the people that live in these type apartments. I visited my wife for Thanksgiving and was only allowed to stay 14 days due to the lease agreement.

    I was wondering if you could tell me if there is anyway that my wife and I can continue to be married while she is receiving SSI and Medicaid. Also I would like to know if there is anyway that I can live with her in her apartment as her husband legally.

    Sincerely,

    LouisianaMan44
  2. #2
    freelilbutterfl is offline Junior Member
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    Nov 2005
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    LouisianaMan44------SSI

    I read your post and my heart goes out to your wife and you. I have done enough research on SSI. I am also on SSI. I have Graves, Sjogren's, Fibromyalgia, Lupus, Pulmonary Fibrosis, Clinical Depression, and a bad back. You two are literally screwed. You are receiving too much money. Your money does affect your wife's SSI. I researched last night on the pc and I called Social Security this morning. I was told that it didn't matter whether you were living with your wife or not. I am thankful for my SSI but it's conditions are really tough. With my SSI I classify myself as indigent. I do not know why they call it SSI Disability. It is nothing like SSDI. Regular Disability doesn't care how much money you have in resources and you are allowed to make up to a certain dollar amount while collecting. If you are married and collecting SSDI, it doesn't matter what your spouse is making or receiving if that person is disabled or retired. SSI works totally different. I have had to explain to my friends over and over again how SSI works. I have posted at this site. I am going to Court tomorrow as my Ex filed a motion to modify my spousal support. He is on SSDI. It is not the States responsibility to support me. My Ex needs to pay what he owes. He owes over $11,000 in arrearages,which I won't get into. I told my attorney that I would like $350 to $400 a month from him, which would include part of the arrearages. The state would not count the first $20. The state would subtract the amount of money from my Ex ,which is done from my SSI check, and then the State would make up the difference. I will not get any more money except for the $20 that is not counted. With SSI, you will never get ahead. You will always be indigent. The only good thing is that I have Medicaid. I do not know what I would do without it. I am so thankful for that. I feel for your wife. I am in so much pain, that sometimes, I wish that I would just pass. It is so depressing. I did not work much through the marriage. I attempted and couldn't. I did not have enough quarters in to qualify for regular disability. During the marriage, most of the time, my Ex was always out of work and there wasn't health coverage. I am so sorry for your dilema. I do know what you and your wife are going through. It is a "no win" situation. Next year at 62 I can apply on my Ex's Social but I will only get around $450. I put that with the spousal support and I will be getting a little more than what I am getting now. The only bad thing is that I won't have Medicaid as I will be receiving too much. It will be over the limit. I do not know how I will pay for all of my meds and Doctor visits. With my Graves, I need blood work at least twice a year. I'll have to worry about it next year. Maybe I won't be here by then. I live with my son. I wish that I could have my own place but that is out of the question. Any apartment with Sec 8 takes 40% of your income. There wouldn't be much to live on. I could pay my bills but there wouldn't be any money left for food. I receive $600 a month and I receive $11 a month for food. That is a joke. What is $11 supposed to buy? I read a post, I believe here, a lady got a Lawsuit Settlement for $45,000 and she wanted to know what would happen to her SSI. I posted and told her that she would lose it. YOU CAN'T HAVE ANY MONEY over $2000. I wish you and your wife all the best. This System that we have is really unbelievable. Too many people are living in poverty. God bless the two of you. My Best, Nancy
  3. #3
    LouisianaMan44 is offline Junior Member
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    Married and Separated, Wife is on SSI reply.

    Thank you Nancy for replying to my e-mail.

    I had a feeling that there wasn't anyway that we could remain married or live together due to me receiving military retirement pay. We thought about combining our two checks and if it didn't exceed 3,000 dollars we could live together. I see now that rules are different for SSI. Even if we did this we would never have anything unless I went to work. And then I would have to work for cash. I didn't retire from the Air Force and get a bachelor's degree in criminal justice to work somewhere for cash and hide it from the government. If we got a divorce and I could rent my own apartment, then my ex-wife still couldn't live with me, because she would have to drop her SSI check and Medicaid and she would never do that. She is in too much pain and has been through too much to get where she can get strong pain medicine to help her with her pain. The disability laws and social security rules need to be changed so that a married couple can stay married and live together with no penalties for loving each other.

    Russell
  4. #4
    freelilbutterfl is offline Junior Member
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    LouisianaMan44 and Wife'SSI

    Dear Russell, I read your post. I wish there was some way around all of this. I thought that when you retire from any of the Armed Forces that you get a good pension. I read where your Ex gets half. That sure isn't much, unless I read your post wrong. May I ask how old you and your wife are? I am going to be 61 this June. I know the pain your wife is having. With all of my autoimmune diseases and the back, sometimes I just want to die. Fibromyalgia is so painful especially in the winter months and when it is cold and raining. This was not a good winter for me. It seems like it gets worse every year.I do not know how I will be this summer.
    I went to Court today and have to wait for the Magistrate's decision. My Ex made such an ass of himself. My concern is all the arrearages that he owes me. I understand that they can only take so much but he is the one that screwed up, by the things he pulled off and got caught. I will not be ahead any. They will deduct $20 which doesn't count and then the balance that I get in spousal support will be deducted from my SSI check. The State will then pay me the difference. They want to keep you below the poverty level. I came from a good decent Family and I end up like this. But I guess it could be worse, I could be living on the street. LOL
    Enough of me. I wish you and your wife the best. I will say a prayer for you both. I wish that I had someone to love me. Life is hard enough but it sure would be nice to be held and comforted. Take care of your wife and love her as she really needs your support and compassion. I wish there was a way to keep in touch as I sure would like to hear how the two of you are doing. God bless and take care, Nancy
  5. #5
    LouisianaMan44 is offline Junior Member
    Join Date
    Apr 2006
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    3

    Hello Nancy

    Thanks for replying. I am so sorry for what you are going through with the pain, the restrictions of SSI and the courts. I am a criminal justice graduate and I believe something needs to be done about the restrictive laws of SSI. I am 44 years old and my wife is 45. She recently rented an apartment and is only paying 80 dollars a month out of her SSI for it. If she applied for food stamps she may only get 30 dollars a month. She wishes there were some way for me and her to live together and there doesn't seem to be any.

    Have you posted your question to an attorney on here. I was wondering if I should and how much it would cost if I did.

    My wife and I have suffered greatly both emotionally and psychologically.

    Russell

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