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Need help with U.K. disability

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Need help with U.K. disability

Postby Funintheskies » Tue 25 May 2010 17:13 GMT

Good afternoon!

My husband, who moved to the United States in 2003, is now disabled as a result of widespread cancer. He has spent much of the six months in hospitals as he has tumors in his spinal column.

He is receiving a small amount of Social Security from the U.S. government, but the Brits are refusing to give him anything.

Let me explain some background:

* My husband is a U.K. citizen and a U.S. resident. He worked in the United States for five years.
* I am a U.S. citizen. We have a toddler son.
* My husband paid into the U.K. system for 20 years from his admirable earnings as an engineer. He paid into the U.S. system for five years.
* In September, hubby applied for U.S. Social Security under the "totalization" agreement that reflects work credits in both the United States and United Kingdom. The United States has a series of international agreements to help workers who split their careers between one or more country.
* The U.S. Social Security is giving my husband less than $500 per month, but, at least, it's something.


The Brits are giving nothing -- flat zero. Can anyone offer any insight into what we might be able to do to receive benefits from the U.K.? My husband was diagnosed in the U.K. with cancer in 2002. He worked until 2009, but much of that was in considerable pain and duress. He is considered terminal, but we pray for a better outcome.

Can anyone offer any suggestions?


Let me explain some background:

* The U.S. Social Security Web page explains some of the agreement between the United States and the United Kingdom.

See:

http://www.ssa.gov/international/Agreem ... ts/uk.html

http://www.ssa.gov/international/Agreem ... ts/uk.html

Of particular importance, see:

https://secure.ssa.gov/apps10/poms.nsf/ ... endocument

It states the following:

AFTER AUGUST 31, 1997

Under the more liberal provisions of the supplementary agreement, U.K. disability benefits may be paid to a person in the United States if he or she:

* has paid contributions equivalent to about 1 year of coverage under U.K. law, and
* has paid or been credited with U.K. contributions equivalent to a year of coverage in each of the last 2 years before disability onset, or has 2 quarters of U.S. coverage in each of those years.

A person who meets these requirements and is not receiving a U.S. disability benefit will receive the full U.K. benefit. If the person is receiving a U.S. disability benefit (either a regular or Totalization benefit), only a partial U.K. benefit will be paid in proportion to the duration of the person's U.K. coverage.



However, the United Kingdom wrote back to state to my husband that the U.K. does not have a treaty with the U.S. to cover employment and support allowance. Apparently, the U.K. replaced its long-term incapacity benefit with the employment and support allowance.

See:

http://www.direct.gov.uk/en/DisabledPeo ... G_10016082


http://www.dwp.gov.uk/international/ben ... d-support/

Lucky us, this page claims:

ESA does not come within any of the social security agreements with other countries.

(Grr...)

http://www.dwp.gov.uk/international/ben ... ement/#usa


The U.S. is honoring its treaty with the U.K. to provide my husband with some portion of Social Security benefits. Has the U.K. simply decided to abandon its agreement with the U.S for expats living in the U.S.?

What can we do to get disability benefits from the U.K.? Thanks.
Posted by:
Funintheskies
New Member
 
Posts: 1
Joined: Tue 25 May 2010 16:12 GMT
Location: Northeast United States

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