When individuals become eligible for disability benefits in the U.S.A, it’s not just their own lives that can be impacted: certain members of their family may also qualify for benefits based on their work history.
At Casa de la Justicia, we understand the significance of these family benefits and the importance of working with a disability attorney to ensure your family receives the support they deserve.
In this article, we’ll explain the various family members who may be eligible for Social Security disability benefits, how to apply, and what factors can affect the amount your family receives.
Eligible Family Members for Social Security Benefits
When you start receiving disability benefits, several members of your family may qualify for benefits based on your work record, such as:
Social Security Benefits for your Spouse
Your spouse can apply for benefits based on your disability benefits. To do so, they will need to provide their Social Security number and birth certificate. If you are married, proof of marriage and information about prior marriages may also be required if applicable.
Social Security Benefits for your Divorced Spouse
Even if you are divorced, your ex-spouse may still qualify for benefits based on your work record. To be eligible, they must have been married to you for at least 10 years, be at least 62 years old, be unmarried, and not be eligible for an equal or higher benefit on their own or someone else’s Social Security record.
Social Security Benefits for your Children
Your children, whether biological, adopted, or stepchildren, may also be eligible to receive benefits on your record. Dependent grandchildren may also qualify. To receive these benefits, they must meet certain criteria:
- Be unmarried
- Be under age 18
- Be 18-19 years old and a full-time student, not higher than grade 12
- Be 18 or older and disabled from a disability that started before age 22
Factors That Affect Family Social Security Benefits
If Your Spouse Also Worked Under Social Security
If your spouse is eligible for retirement benefits on their own Social Security record, those benefits will be paid first. However, if the benefit payable on your record is higher, your spouse will receive a combination of the two benefits equal to the higher amount.
Other Pensions
If your spouse or ex-spouse receives a pension based on work not covered by Social Security, such as government or foreign work, it may impact their Social Security benefit on your record.
Remarriage
If you are divorced and have remarried, your ex-spouse may still qualify for benefits on your record. However, if your ex-spouse will also receive a pension based on non-Social Security-covered work, it could affect their Social Security benefit on your record.
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Professional Guidance for Social Security Benefits
Navigating the complexities of Social Security disability benefits and family benefits can be daunting. This is where the expertise of a disability attorney can make all the difference. An experienced attorney can help you understand the eligibility criteria, guide you through the application process, and ensure that you and your family receive the maximum support you’re entitled to.
At Casa de la Justicia, we are committed to helping individuals and their families access the financial support they need during challenging times. Whether it’s your spouse, children, or even an ex-spouse, understanding the eligibility criteria and potential benefits for your family members is essential.
Don’t hesitate to reach out and let us assist you in securing the disability benefits that can provide much-needed stability and peace of mind for your loved ones.
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