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Disability Law/Disability Income

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Question
QUESTION: Hello,I am a 29 year old wife and mother who lives in Georgia.I had a car accident about 5 years ago and already had 2 back surgeries and one of them was a spinal fusion.I had an MRI a few weeks ago and my spine is degenerating and I have another disc herniated where they dont like to fix them.I also have a type of arthritis and have had 2 shoulder sugeries.Total in my life I have had around 13 surgeries and just got diagnosed with diverticulosis which is something you dont get until after 70, but I have it!I am a walking medical book.I called the SS office and they were taking my application over the phone and then they found out my husband makes around $4000 a month take home and they said he makes too much for me to get the benefits. After all our bills we need 2 incomes to make it especially with all my medicine I take.I am on Morphine daily and my doctor said I would be for the rest of my life.I need to work, but it is hard for me to even clean my house I am in such pain.Is there anyway around the income or am I just out of luck? Thanks for your help.

Liz

ANSWER: Liz, if you do not have the work credits, then you won't qualify for social security disability.  Without work credits you could only qualify for SSI if you had a low household income.  I'm sorry but I don't know of anyway around it.

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QUESTION: Oh okay.I actually got a call today about a job so if I take that job and later down the road just cant do it because of my condition then could I qualify? What does work credits mean and how many do you need?Thanks

Liz

Answer
To qualify for disabilty you must have credits for 1/2 the time between age 21 and now, or 16.  After age 31, you will need 20 credits.  You earn 1 credit for each 1,050.00 you earn, up to 4 credits maximum per year.  After age 31, you must have 20 credits within the last 10 years.

See this publication for more details:  http://www.ssa.gov/pubs/10072.html

Good luck,

Kyla Kelim

Disability Law

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Kyla Kelim

Expertise

All social security/disability cases

Experience

I have practiced law in Alabama and Florida for fifteen years. Our firm serves primarily the elderly and disabled, and we have more than 60 years of collective experience with handling social security disability cases.

Organizations

Organizations
Alabama State Bar Florida State Bar

Education/Credentials

Experience in the area
I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in disability and elder law issues including hearing and appeals for social security/disability cases


Education/Credentials
Cumberland School of Law, Samford University, J.D. 1993 University of New Orleans, B.S. Business Administration 1990

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