Port Jervis, NY asked in Social Security for New York

Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.

My mother is disabled, cannot hold a job due to the disabilities. I take care of her and am paid for it(I’m her daughter). She cannot obtain SSDI due to not working enough to get it, due to being married most of her life. She was told to apply for SSI instead as she should get it due to disabilties, But was completely turned down due to her alimony income(which is a meager 1000 a month). They never once decided to ask about her disabilities. I heard that if you have severe enough disabilities(such as autism which she has) that they would factor this into everything even if you had income over a certain amount.

Now that she was denied and can not afford to sustain herself in her own with the small amount of alimony she does get, what do I do? Did the file it wrong? Or is there some other way I can get her help?

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1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Brooklyn, NY
  • Licensed in New York

A: She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions.

https://www.nolo.com/legal-encyclopedia/social-security-dependents-benefits-spouses-disability-recipients.html

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