An Ex-wife, Medicaid and SSI

[free_agent]

What is the name of your state? Texas.

My husband's ex-wife is apparently trying to get on medicaid because of her illness. One of their sons (she and my hubby are not on speaking terms) called to ask his father if he had their original marriage certificate. (Long story short they actually have two--they got divorced and then remarried and later divorced after the kids were grown.) The certificate was from their first marriage--they had run off to Mexico as teens. He told his father that she's got approved temporarily, but needs this paperwork to make it permanent.

Being that she has pulled some things before I'm suspicious of what she's really up to. I'm wondering why she would need her marriage certificate. If she just needed to prove she had no spousal support or marriage, they should only need her divorce certificate. And even if they needed the marriage cert, why not from the second time they got married which would be availble through the courts.

She did not really work outside the home very much. I think you have to work for at least 10 years to get Social Security, right? My concern is that she is trying to get SSD or benefit based on her previous marriage. Can she do this and if she does is that going to effect my husband's future social security benefits? He's not very many years away from being able to file for them. (I don't have a problem with her getting help...but I don't think it should be at his expense since they've been divorced for several years now.)

TIA

 

[Heather2]

"I think you have to work for at least 10 years to get Social Security"
I don't know the answers to your other questions but I got SSD after only working 8 1/2 years.

 

[fireboat1]

No idea why she wants certificate. Cannot collect disability based on another persons SS.only regular old age retirement,and that has other requirements., which need not get into for this post. You need between 32 and 40 credits for SSDI,depends on age and 20 of those must have been earned in the last 10 yrs. Unless your blind or a younger person those figures apply.you earn up to 4 credits a yr. no more. At this time (2006) a credit is given for about every 970 dollars earned. . That number was lower in previous yrs.It goes up about 20 dollars a yr., .Then there is SSI which is a needs based program. Basically a welfare. To apply,one must be pretty dire. Cant have bank accts with alot of money, car cant be worth more than 4000?no other income from anyone in household or it counts against you.Bottom line, she cant get disability from his record,and if she dont have 40 work credits which take about 10 yrs to accumulate if you work strait through she will be denied. Also ,dont forget 20 of those credits had to be earned in the last 10 yrs.So she would have had to work about 5 of the last 10 yrs. and it must have been recorded income with FICA taxes withheld

 

[ellencee]

What is the name of your state? Texas.

My husband's ex-wife is apparently trying to get on medicaid because of her illness. One of their sons (she and my hubby are not on speaking terms) called to ask his father if he had their original marriage certificate. (Long story short they actually have two--they got divorced and then remarried and later divorced after the kids were grown.) The certificate was from their first marriage--they had run off to Mexico as teens. He told his father that she's got approved temporarily, but needs this paperwork to make it permanent.

Being that she has pulled some things before I'm suspicious of what she's really up to. I'm wondering why she would need her marriage certificate. If she just needed to prove she had no spousal support or marriage, they should only need her divorce certificate. And even if they needed the marriage cert, why not from the second time they got married which would be availble through the courts.

She did not really work outside the home very much. I think you have to work for at least 10 years to get Social Security, right? My concern is that she is trying to get SSD or benefit based on her previous marriage. Can she do this and if she does is that going to effect my husband's future social security benefits? He's not very many years away from being able to file for them. (I don't have a problem with her getting help...but I don't think it should be at his expense since they've been divorced for several years now.)

TIA

If they were married for 10 years, she can file for disability benefits from his SS earnings/benefits.
EC

 

[fireboat1]

Hello,I pulled this off the SSA.GOV site.My previous reply was based on the info.that your hubies ex.was remarried as is he.Also.Basically, unless she is 62 or older and unmarried ,his ss record is of no help to her.
(If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected.)

To qualify on your record, your ex-spouse must:

have been married to you for at least 10 years;

be at least 62 years old;

be unmarried; and

not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.

NOTE: The amount of benefits payable to your divorced spouse has no effect on the amount of benefits you or your current spouse may receive.

 

[free_agent]

Hello,I pulled this off the SSA.GOV site.My previous reply was based on the info.that your hubies ex.was remarried as is he.Also.Basically, unless she is 62 or older and unmarried ,his ss record is of no help to her.

First off thanks for all the responses.

She is not remarried, but she's not 62, either. However, she's suposedly applying for Medicaid--which is why I questioned the need for her needing a copy of their marriage certificate for Medicaid. They were married in total for over 10 years. (I'll be willing to lay odds that the second marriage wasn't for 10 years and so she couldn't use it.) My concern is (and it sounds now like a valid one) that she's going for SSD based on that marriage. I'm going to get really ticked if they take away from his benefits to give them to her. (Believe me he's given enough!)

He will have a pension (god-willing something doesn't happen to that.) She can't touch that because he already paid out her share over the months after their divorce. But all he's going to have (besides what I bring in) is that pension and his SS.


(P.S. to Heather2: I think the number of years worked is different for SSD than for regular SS. As I understand it to retire, you would have to work for 10 years.)

 

[ellencee]

First off thanks for all the responses.

She is not remarried, but she's not 62, either. However, she's suposedly applying for Medicaid--which is why I questioned the need for her needing a copy of their marriage certificate for Medicaid. They were married in total for over 10 years. (I'll be willing to lay odds that the second marriage wasn't for 10 years and so she couldn't use it.) My concern is (and it sounds now like a valid one) that she's going for SSD based on that marriage. I'm going to get really ticked if they take away from his benefits to give them to her. (Believe me he's given enough!)

He will have a pension (god-willing something doesn't happen to that.) She can't touch that because he already paid out her share over the months after their divorce. But all he's going to have (besides what I bring in) is that pension and his SS.


(P.S. to Heather2: I think the number of years worked is different for SSD than for regular SS. As I understand it to retire, you would have to work for 10 years.)

She is entitled to receive disability SS benefits from his income. It is legally and morally just.
EC

 

[fireboat1]

I can understand your concerns.I have sent you a copy right from the SS site. Unfortunatly people give alot of misleading info on these sites. I have read it numerous times. A PERSONS SS BENIFIT IS NOT REDUCED BECAUSE ANOTHER PERSON GETS BENEFITS OFF THEIR RECORD.Also,the ex. is not going to get SSDI from his record look it up for yourself. RELAX,Go to the link I sent you, then be sure to click on the divorced spouse link.Be sure you read the NOTE on the bottom of that page.Until she is 62 she doesnt get anything from his record, and even then she gets penilized unless she goes to the required age for retirement benefits.You cant get disability benefits based on another persons record.The whole USA would be getting disability.She doesnt meet the requirement.http://www.ssa.gov/dibplan/dfamily2.htm