Legal Question in Social Security Law in Florida

social security

married at 17 to a very nice man. We seperated in 9th year. A divorce went through ( I didnt know till after). Then we got back together a week later. Since we were really apart less than year, we wanted atty to go before judge and correct it. We were told it would just be easier to remarry.

we got bk tog for that. HE DIED the following week. only 29. We had one child.

We were married legally right at 9.7 years. I have never remarried. I am now 52, disabled, fighting social security long time, finally losing my benefit rights through bs re-processing so many times in denyle. I have 7 dieases caused by immune disorder called connective tissue. I can never work normally again. I tried.

I am wanting to file for my husbands instead of SSI.

2 QUESTIONS:

To your knowledge, has anyone fought and won social security in getting surving divorced spouse benefits less than then the ten years under any situations within a year of the 10 years....

Simular to mine (9.5 years)

and if so, do you have any referrences or feedback in such situations?

#2 Question:

Can I apply for ssi, and then turn around and apply for his going to court to ask then to switch it to his, (type of process) which is best way to process.


Asked on 6/25/09, 12:27 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: social security

I don't understand your second question, but the general answer to your first question is that SSA is very strict, and they follow their own rules to the letter. Either you meet the qualifications to draw on your husband's social security or you don't. I am unaware of any exceptions being made for those who do not meet the qualifications. You should sit down with a social security income attorney (not just a social security disability attorney) and describe your entire situation to be sure.

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Answered on 6/25/09, 5:41 pm


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