Legal Question in Social Security Law in Mississippi
Widow's Social Security Disability Benefits
Aged 51 widowed lady who lost husband in 1997. I have many Soc. Sec. qualifying disabilty medical conditions, but am still working earning about $1200 gross monthly. I can't afford not to have some sort of monthly income, but having to physically force myself to work daily. Can I file for Widow's SSDB while still working? Also have no medical insurance and am under 2 doctor's care and over 1/3 of my monthly income goes for prescriptions and doctor visits.Am barely surviving as is and would earn about $400 more monthly with the SSDB from my late husband than now. Help!!!!
1 Answer from Attorneys
Re: Widow's Social Security Disability Benefits
Until you reach retirement age you will not be eligible for disability benefits if you engage in substantial gainful activity. It is generally any significant work for which people usually get paid. You have to be disabled for 5 months before you can receive disability benefits. If you are really not able to do the job but your employer is giving you special consideration you may still qualify for disability benefits. It doesn't cost anything to apply and if you are denied be sure to keep appealing requesting higher reviews. Also, be sure your employer continues to make contributions to Social Security, keep your pay stubs, and check your Social Security contributions at least annually. There is a 10-year look back provision for qualifying for disability benefit eligibility and you have to have 20 quarters during the 10 years in which your contributions to Social Security must have exceeded something around $200 or $300.
If you don't qualify for disability benefits you will have to wait until you qualify for regular retirement benefits. After you qualify for retirement benefits, it looks like you will have an exemption of $9360 per year that can be earned before benefits are reduced.