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Old 08-07-2011, 12:03 PM
 
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I have some former neighbors. The guy just started getting a small social security check when he turned 62. He is also getting his regular disabled veterans check. His wife has been getting an SSI check since I first met them in 2005. They have been married since 2005. Suddenly, Social Security has stopped the wife's check because "they are married."

Since they owe me a small amount of cash, I smell fish on this excuse: "the wife's SSI check is now being kept by Social Security."
Any truth to this?

Thanks.

Last edited by howard555; 08-07-2011 at 12:18 PM..
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Old 08-07-2011, 01:57 PM
 
Location: Eastwood, Orlando FL
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She should have notified SS as soon as they married. SSI is means tested. SSDI and SS are not. Now that they are married her husband's income probably puts them over the top. It can take a long time for SS to catch up. In addiction to them cutting off her payments, they could ask for the SSI paid since 2005 to be returned.
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Old 08-07-2011, 03:14 PM
 
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Quote:
Originally Posted by JennyMominRI View Post
She should have notified SS as soon as they married. SSI is means tested. SSDI and SS are not. Now that they are married her husband's income probably puts them over the top. It can take a long time for SS to catch up. In addiction to them cutting off her payments, they could ask for the SSI paid since 2005 to be returned.
They would have never thought to notify SS.
His check back then, was under $1400.
Then he slowly got more, as more medical issues were brought to VA's attention.
He has slowly gotten his income higher and higher as medical issues are added in like, legally blind, pacemaker, etc.
They may be over some limit, like you said.

The SS office is 1/2 mile from their house and they are saying something about needing to fill out some form.
Something about "how often someone comes to their home to assist them with daily chores." (though they can cook and clean, etc. themselves)

Maybe her check gets decreased or terminated.
Retroactive would bite, because they are broke by the third week of the month. Also, he owes the government alot of money for a student loan way back when, and he says both his checks are unable to be garnished.
I'm not sure how they would repay SSI back to 2005.
If SS ask to see the marriage certificate, then the truth may come out.
I saw the wedding pictures, and unless they have gone without a marriage certificate, which no one ever saw, then based on our state laws, they are still legally married after 5 years.
Not sure if SS recognizes common law marriages.
They go to shelters every month and fib about their income to get food and help on the light bill, etc.
SS needs to be sharp as a tack, or they will be lied to, about the date of marriage. They do not have to file tax returns, so there is no joint or non joint return.
They can not find last weeks mail, so they have long ago discarded any documents or paperwork of a legal nature, or related to SS, SSDI, and SSI.
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Old 08-07-2011, 03:26 PM
 
Location: Eastwood, Orlando FL
1,260 posts, read 1,422,633 times
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Quote:
Originally Posted by howard555 View Post
They would have never thought to notify SS.
His check back then, was under $1400.
Then he slowly got more, as more medical issues were brought to VA's attention.
He has slowly gotten his income higher and higher as medical issues are added in like, legally blind, pacemaker, etc.
They may be over some limit, like you said.

The SS office is 1/2 mile from their house and they are saying something about needing to fill out some form.
Something about "how often someone comes to their home to assist them with daily chores." (though they can cook and clean, etc. themselves)

Maybe her check gets decreased or terminated.
Retroactive would bite, because they are broke by the third week of the month. Also, he owes the government alot of money for a student loan way back when, and he says both his checks are unable to be garnished.
I'm not sure how they would repay SSI back to 2005.
If SS ask to see the marriage certificate, then the truth may come out.
I saw the wedding pictures, and unless they have gone without a marriage certificate, which no one ever saw, then based on our state laws, they are still legally married after 5 years.
Not sure if SS recognizes common law marriages.
They go to shelters every month and fib about their income to get food and help on the light bill, etc.
SS needs to be sharp as a tack, or they will be lied to, about the date of marriage. They do not have to file tax returns, so there is no joint or non joint return.
They can not find last weeks mail, so they have long ago discarded any documents or paperwork of a legal nature, or related to SS, SSDI, and SSI.

You are certain it is SSI? If so that is a shame. SSDI and SS wouldn't be an issue. They could both collect.

I don't think SS recognizes common law at all. I don't think so
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Old 08-07-2011, 03:57 PM
 
10,838 posts, read 14,864,274 times
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Quote:
Originally Posted by JennyMominRI View Post
You are certain it is SSI? If so that is a shame. SSDI and SS wouldn't be an issue. They could both collect.

I don't think SS recognizes common law at all. I don't think so
She was single and not working, before the formal wedding, and she has not worked. The wedding was formal so we just assume a marriage certificate.
She has no work history, so not eligible for SSDI.
The $1900 income of the husband pays their bills at least 2 times over.
They are un-willing to budget their money.
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Old 08-07-2011, 05:48 PM
 
8,204 posts, read 11,921,160 times
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Quote:
Originally Posted by JennyMominRI View Post
I don't think SS recognizes common law at all. I don't think so
Of course it does. Social Security follows the law of the state where the person lives (or lived). If that state allows common law marriages, then Social Security recognizes them.

Recognizing common law marriage

On a related matter, I've never understood why people feel the need to just guess at an answer when a question is posted on a forum. It is better not to answer at all rather than just guess and provide inaccurate information.
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Old 08-07-2011, 06:52 PM
 
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Originally Posted by MadManofBethesda View Post

I've never understood why people feel the need to just guess at an answer when a question is posted on a forum. It is better not to answer at all rather than just guess and provide inaccurate information.
they did say they didn't think SS recognized it. ("don't think so")
I understand many answers are opinions or experiences, such as legal matters, etc. pending further research, etc.

Our state honors common law, and somehow this couple has slipped through the cracks with SS.
The guy's sole income is at least two (or even 2.5 times) greater than their bills, so they should be able to adjust at some point.
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Old 08-07-2011, 06:54 PM
 
Location: Eastwood, Orlando FL
1,260 posts, read 1,422,633 times
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Quote:
Originally Posted by MadManofBethesda View Post
Of course it does. Social Security follows the law of the state where the person lives (or lived). If that state allows common law marriages, then Social Security recognizes them.

Recognizing common law marriage

On a related matter, I've never understood why people feel the need to just guess at an answer when a question is posted on a forum. It is better not to answer at all rather than just guess and provide inaccurate information.
That would be why I said, "I don't think so" and not , no, they don't
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Old 08-08-2011, 06:45 AM
 
Location: Baltimore, MD
3,745 posts, read 4,220,203 times
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Quote:
Originally Posted by howard555 View Post
they did say they didn't think SS recognized it. ("don't think so")
I understand many answers are opinions or experiences, such as legal matters, etc. pending further research, etc.

Our state honors common law, and somehow this couple has slipped through the cracks with SS.
The guy's sole income is at least two (or even 2.5 times) greater than their bills, so they should be able to adjust at some point.
In terms of common law marriage, it does not appear that Florida is a common law marriage state. More specifically, a couple cannot create a common law marriage in Florida. This does not mean that Florida would not recognize a common law marriage that was created in a state that does allow for the creation of a common law marriage.

However, marriage is only one instance where the amount of SSI can be modified or terminated. For example, see Understanding Supplemental Security Income (SSI)-- Living Arrangements.

Regardless, I'm betting the couple got married and thought that SSA would not catch it. The miracle of interconnected federal databases. Too bad...(not).
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Old 08-09-2011, 04:42 PM
 
10,838 posts, read 14,864,274 times
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Quote:
Originally Posted by lenora View Post
In terms of common law marriage, it does not appear that Florida is a common law marriage state. More specifically, a couple cannot create a common law marriage in Florida. This does not mean that Florida would not recognize a common law marriage that was created in a state that does allow for the creation of a common law marriage.

However, marriage is only one instance where the amount of SSI can be modified or terminated. For example, see Understanding Supplemental Security Income (SSI)-- Living Arrangements.

Regardless, I'm betting the couple got married and thought that SSA would not catch it. The miracle of interconnected federal databases. Too bad...(not).
Here is the latest story.

Each year they have to fill out a form that tells what the wife spent her SSI on, and how much she has left over. They spend it all, so the amount left over is zero.

They claim to have a marriage certificate and reported their marriage at the time, to SS, and both of their checks went down about $200.

Then when he turned 62, he took early retirement and is getting $203 on top of his veteran's disability check.

She would have gotten her SSI check on 8-1-11 but they held it back pending what "type" income her husband's income was.
It was determined that his income was labelled "means."

So, they said SS mailed out her check this morning.

I've known these people many years, and I am not clear at all if all of the above is 100% true.

Last edited by howard555; 08-09-2011 at 04:55 PM..
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