Our Attorneys Discuss When Family Members are Eligible for Social Security Disability Benefits Torrance
One of the most important aspects of Social Security disability benefits is that payments are made not only to you, but to your qualified family members, as well.
This is where SSI and Social Security Disability (SSD) are different. Only workers who have paid taxes into the Social Security system are eligible for SSD and full family coverage. Family benefits are not payable to SSI applicant’s family members, however a disabled spouse or child may be independently eligible for SSI on their own.
Certain family members may be eligible for a monthly SSD benefit that is up to 50% of the disabled worker’s disability payment.
There is, however, a limit to the total amount of money that can be paid to a family under one Social Security record. This limit is called the “family maximum”, and it is between 150% and 180% of the primary worker’s SSD benefit.
And, family members may be eligible for a monthly SSD benefit whether or not they actually depended on the worker for support.
Our experienced Social Security attorneys have seen cases where the application for family benefits is not automatically entered when a worker applies for benefits, and this can reduce the back benefit payments paid to families. We want to make sure that your family gets the benefits that they deserve.
General Rules for Family Member Eligibility for Social Security Disability Benefits
Mothers Benefits & Fathers Social Security Benefits –
SSD benefits are payable to a spouse of any age who cares for a worker’s child under age 16. The spouse may receive benefits until the child is 16 years old. After age 16, the child’s benefits continue, but the spouse’s benefits stop.
Children’s Social Security Benefits –
A child can be a biological child, adopted child or stepchild (and in some cases a dependent grandchild) to qualify for Family Member Eligibility for Social Security Disability Benefits. Note that children can also qualify separately as disabled for SSI – but they must meet Social Security’s definition of disability, and the family income & assets must fall within the SSI eligibility limits.
Spouse’s Social Security Benefits –
Unless a spouse is already collecting a higher benefit under retirement or disability programs, spouse’s benefits are payable to a spouse age 62 or older. If that spouse is eligible for retirement benefits on his or her own record, the amount that is the higher amount will be paid. In some cases, there may be a combination of benefits. Additionally, there may be an impact if that spouse receives a pension.
Ex Spouse’s Social Security Benefits –
An ex-spouse over 62 may qualify if the marriage lasted over 10 years, and there is not eligibility on another record. Note: this has no effect on the amount of benefits the worker’s current family may receive.
Disabled Adult Social Security Benefits –
The SSD also pays benefits to adults who have a disability that began before the age of 22. A disabled child may have drawn SSI benefits up until the parent retired, was disabled or died.
If you have questions about collecting Social Security Disability – or Family Members’ Eligibility for Social Security Disability Benefits – please call us for a free consultation. We can help you and your family get all the benefits you deserve.
Our Attorneys Can Help Get Spouses & Children Get Social Security Benefits – Torrance
Our experienced Social Security attorneys are here to help you and your family collect your Social Security Disability as quickly as possible. Our experienced lawyers would be happy to discuss your unique situation with you, to ensure that you and your family receive the maximum Social Security Disability benefits for which you may qualify.