Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Emmett B. Irwin
1 Answer | Asked in Divorce and Social Security for Iowa on
Q: I want to separate from my husband, or divorce but I'm also trying for ssdi. I don't know if it will effect income.

so I'm wondering if applying for ssdi, should I bother separation or just go for divorce? I have no income myself. My husband makes the money.

Emmett B. Irwin
Emmett B. Irwin
answered on Jun 26, 2020

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

1 Answer | Asked in Social Security for Alabama on
Q: Do adult dependents qualify for parent's social security when the parent retires?
Emmett B. Irwin
Emmett B. Irwin
answered on Jun 18, 2020

Possibly, but I am only aware of Disabled Adult Child (DAC) benefits - if the adult dependent has been disabled since prior to age 22, then the adult dependent can get SSA benefits from the parent's work record. But only if the parent is deceased, disabled, or is collecting SSA retirement benefits.

1 Answer | Asked in Social Security for Connecticut on
Q: Does collecting unemployment affect the amount you currently receive from social security disability.

I am on SSDI,but have been trying to find something to do for more income,haven’t been successful.I applied for unemployment.should I have not done that?Is that going to mess up my monthly disability check?

Emmett B. Irwin
Emmett B. Irwin
answered on Jun 18, 2020

Generally when you apply for unemployment, you are stating that you are ready, willing and able to work full-time. You are getting SSDI because you told SSA that you can't work full-time. So there could be a problem there. However, the CARES Act temporarily changed the requirements for... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: Can you get SSI if you are already collecting a spossal benefit for an adult disabled child? Thank you.
Emmett B. Irwin
Emmett B. Irwin
answered on Jun 18, 2020

It depends on how much the spousal benefit is per month, and how much other countable income you are receiving per month. Almost all income is "countable" for SSI purposes. If you have over a certain amount of income, you are not eligible for SSI.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.