Ask Larry

What Options Are Available To My Parents In Law?

Hello! Both my Mother-in-Law and Father-in-Law immigrated in the states 8 years ago. During those time, my Mother-in-Law did not held employment and hence no SS contribution. However, my Father-in-Law found work and was contributing to SS for 5 years. 3 years ago, he was diagnosed with cancer and stopped working as he seeks treatment. He still has cancer and hasn't worked since. He is now 63. My Mother-in-Law is now 65. Both of them are now U.S. citizens. We don't know how they stand with benefits. They are now in this predicament that my Father-in-Law can not get work until he is better but can not claim disability because he hasn't completed 40 quarters. Thus also my Mother-In-Law since she was hoping to get spousal benefits through him. What are their options?

Hi,

It doesn't sound like your in-laws have any options with regard to Social Security benefits. Unless at least one of them works long enough to be insured for Social Security benefits, neither of them would be eligible for any cash benefits. They may still be eligible for Medicare at age 65, though, provided that they have been lawfully admitted for permanent U.S. residency (https://www.ssa.gov/pubs/EN-05-10043.pdf).

However, since it sounds like your father-in-law is disabled and your mother-in-law is age 65, if they have little or no income or resources (excluding a home and vehicle) they may qualify for Supplemental Security Income (SSI). SSI is a needs based benefit administered by Social Security that isn't based on a person's earnings history. You may want to check out the SSI screening tool on the following website to see if they might be able to qualify: https://ssabest.benefits.gov/.

Best, Jerry

Category: 
Posted: 
Feb 12 2019 - 9:28pm
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