SSI--Common Law in California--

[CrazyTown67]

I was denied SSI in Ca. social security had told me the person who i live with since 2005 is my common law husband. He's claimed me on his taxes but never had medical insurance required by law for me. Birth cert, soc sec card & handicap placard are missing. This has only happened with him. Could he have stolen my identity? He will not help me obtain these documents. HELP!!

 

[LdiJ]

I was denied SSI in Ca. social security had told me the person who i live with since 2005 is my common law husband. He's claimed me on his taxes but never had medical insurance required by law for me. Birth cert, soc sec card & handicap placard are missing. This has only happened with him. Could he have stolen my identity? He will not help me obtain these documents. HELP!!

You do not need his help to get replacement documents. In fact, he cannot help you get replacement documents except perhaps to help you financially.

 

[adjusterjack]

I was denied SSI in Ca. social security had told me the person who i live with since 2005 is my common law husband.

California does not recognize common law marriages created in California.

See California Family Code - Validity of Marriage, starting at Section 300:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=3.&title=&part=1.&chapter=&article=

 

[Litigator22]

So, common law marriages 'created in California are not recognized in California'"? Most informative. Now, do you happen to have a link telling us whether or nor any of the sister states recognize "a common law marriage created in California"?

(You seem to be on a roll with your malapropos. )

 

[HRZ]

I think there is something missing in your post....he is not your husband if here was merely living with you in CA...Ca does not recognize common law ..unless such a marriage was lawfully created elsewhere .

He cannot properly claim you as spouse if you are not his spouse...and presumably you both signed the joint return..both are on wrong side of tax code .

My guess is the system picked him up as your husband ...and the combined incomes are too high to qualify for SSI

there is also a household income test for SSI...I did not read it...you might be smart to read it as to if your long term associate counts for household income .

 

[adjusterjack]

So, common law marriages 'created in California are not recognized in California'"? Most informative. Now, do you happen to have a link telling us whether or nor any of the sister states recognize "a common law marriage created in California"?

(You seem to be on a roll with your malapropos. )

Whatever.

 

[Janke]

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500501152

SSI has a concept called "holding out as married" which is not the same as common-law. So since SSI is a federal program, the legality of a common law marriage may not matter if you are holding out as married.
Did he claim the OP as a spouse and filed a joint return or did he claim her as a dependent because he provided more than 1/2 support? If he called her a spouse on the tax return, that is evidence of holding out as married. Don't get to tell one lie to one government agency because it is financially advantageous, and then tell another government agency the opposite to maximize the bucks from them too.

The only question asked by the OP was how to get her documents. She will just have to go to the sources and get replacements.