Dependent & Spouse Social Security Disability Benefits

Dependent & Spouse Social Security Disability Benefits

If you begin suffering from a disability that causes you to lose your employment, the first question you often ask yourself is whether you could receive any benefits. If you can, the question then becomes if any of your other family members could potentially qualify for as well. Depending on a family member’s age and relationship to you, they may also be able to receive benefits. In this article, we’ll discuss dependent and spouse social security disability benefits eligibility as well as potential benefits for other family members. 

Spouse Social Security Disability Benefits

In order for your spouse to be eligible to receive social security disability benefits, he or she must be at least 62 years old or taking care of your child who is either under 18 years old or disabled. However, if your spouse starts collecting benefits at 62 and is not caring for your child, he or she may be on the hook for paying penalties for early withdrawal. Additionally, your spouse will not be able to receive benefits from you if their own Social Security benefits would be higher.

Benefits for Your Ex-Spouse

Believe it or not, if you were married to your ex for at least ten years, they could be entitled to receive spousal benefits as well if they do not have their own claim for higher benefits.

Dependent Social Security Disability Benefits: Minor Children

If your biological, adopted or dependent child is under 18 years old, they will likely be able to receive dependent benefits. These benefits will generally continue until the child is 18 but may extend if the child is disabled. In order for your children to receive support, be sure to list them on your SSDI benefits application.

Benefits for Emancipated Children

There are only a limited set of circumstances where adult children could potentially receive benefits on their parents’ records. The first instance is where a child is still a full-time high school student under the age of 19. The second instance as alluded to above is if your child is disabled and became disabled before their 22nd birthday.

Benefits for Grandchildren

If your grandchildren or step-grandchildren’s parents are deceased and started living with you before they turned 18, they could be entitled to receive SSDI benefits if they can show you were responsible for at least half of their financial support before you became disabled.

Benefits for Your Parents

The only way your parent would get Social Security disability benefits from you is if you first passed away. However, even if this first condition is met, your parents must still meet the following requirements:

  1. Be 62 years of age or older
  2. Not remarry after your death
  3. Not have their own claim for Social Security benefits
  4. Show they received at least one half of their financial support from you at the time you passed away

Get Help From a Charleston, SC Disability Attorney

You want to be able to protect your loved ones if you become disabled. Understanding what family members may potentially be entitled to benefits is a critical step. The experienced disability attorneys at Klok Law Firm LLC can help you learn who is entitled to benefits and what amounts they may be entitled to.

Contact us today for assistance.

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