Legal Question in Social Security Law in Pennsylvania

I applied for disability and was denied both SSI and SSD.. They said for the denial for SSI was because my husband made substantial money and for the SSD they said I did not have enough work credit.. How can I go from having work credits as of 2006 but now I don't have enough work credits also how can the deem you not disabled without even looking at your medical records. I called SSA because I tried to do the appeal online and it would not allow me to do so.. I was told by the lady on the phone from SSA that I can not appeal their decision ( I thought I had a right to an appeal) In September 2009 I went to the ER and was told that I was near death due to DVT and Pulmonary Embolism. I was hospitalized for about a week then. I was on Lovenox injections twice daily while hospitalized and was released taking blood thinner. I have suffered many things since them due to the DVT and pulmonary embolism. I was also diagnosed with Factor V leidien which is a blood clotting disorder that is genetics. I also had another DVT in January of this year. I suffer from phlebitis, palpitations and numerous other problems.

Asked on 12/09/15, 10:44 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

SSI is a needs-based, welfare program. If your spouse works, you will not be eligible.

You need to work and pay FICA for 20 quarters of the last 40 quarters to maintain eligibility for disability insurance. If you have work credits through 2006, you likely haven't worked since 2001-02. So you need to show medical evidence of disability in 2006 or before. If you have worked and paid FICA since 2001, you can correct the earnings record.

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Answered on 12/09/15, 12:43 pm

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