I recently received an email from the relative of a person who likely qualifies for Social Security disability in terms of her medical issues, but perhaps is not eligible on non-medical grounds:
I have a brother who lives in your state and his wife has become disabled. She is in a wheelchair now. They talked to someone about social security and they told them that she did not work enough. That has kinda of upset me because I thought social security disability was for people who can’t work anymore. They have to cut back on her physical therapy because there copay is high and they live on one salary. This doesn’t make sence to me I see people who can work on this and it is not right. Would you please send me information on who can get SSD and who can’t so I can understand this and they can understand this too.
Here are my thoughts: first, I am going to assume that your sister-in-law has a serious medical problem that has left her wheelchair bound, and that her medical problem has lasted or is expected to last 12 consecutive months. This 12 month “duration” requirement is part of Social Security’s definition of disability, and short term impairments do not qualify.
If she is truly wheelchair bound, more likely than not she would qualify medically based on a listing, or on the basis that her capacity for full time work has been so reduced that she would not be able to perform the duties of a simple, entry-level job.
Thus, based on what you say, it appears that your sister-in-law meets Social Security’s definition of disability. What, then, is the problem?
It may be that she does not qualify for either SSDI or SSI.
In order to qualify for SSDI on her own work record, your sister-in-law must show that she has at least 20 quarters of credit within the ten year period prior to when she stopped working because of her disability. As you can see from this earnings chart, she would have had to have earned around $1,000 in any calendar year to earn 1 credit. Around $4,000 would produce 4 credits for a particular year (4 credits is the maximum number of credits one can earn in a calendar year).
If your sister-in-law has never worked, or if she has not worked for approximately 5 out of the 10 years prior to her becoming disabled, it is likely that she does not have enough credits for SSDI disability.
Note that disability looks at the 10 years prior to the onset of your disability, whereas Social Security retirement looks at lifetime earnings.
If she does not qualify for SSDI, then she may qualify for SSI. SSI, however, is a welfare program and your sister-in-law will not qualify if her husband (your brother) has even a modest income. SSI uses something called the “deeming rules” that disqualify a claimant if she is married to someone who is working or if the married couple has more than minimum assets.
Obviously, every case is different and I urge you to suggest to your brother and sister-in-law that they seek a second opinion with an attorney experienced in this area who can review their particular circumstances and offer legal advice specific to their situation.
