Can I Apply For A Portion Of My Husband's Disability Funds?

Category: 
Mar 27 2020 - 2:54pm

I currently receive SS in the amount of $922 and I have to pay rent in the amount of $832.00
My husband left me and somehow he got disability in the amount of $1200 and he is not disabled. He moved his girlfriend in an apartment with him and he pays all the bills. She works and files him on her income tax. Can I apply for a portion of his disability funds. They have my name on his SS paperwork. I just wonder how she and her sister use his name on her taxes. What can I do? Can I report her to IRS and social security

Hi,

You couldn't qualify for any spousal benefits based on your husband's entitlement to Social Security disability (SSDI) benefits unless 50% of his primary insurance amount (PIA) is higher than your PIA. A person's PIA is equal to the full amount of their SSDI benefit, or their Social Security retirement benefit rate if they start drawing at full retirement age (FRA). So, assuming that what you're drawing is either Social Security retirement or SSDI benefits, it doesn't sound like you'd be eligible for any spousal benefits given that your benefit rate is apparently well over half as much as your husband's SSDI rate.

My expertise is limited only to Social Security benefits, so I can't tell you whether or not your husband and his girlfriend are violating any IRS regulations.

Best, Jerry