How SSDI Family Benefits Work
Published on July 12th, 2021 by Eric Slepian
When an individual in a family is disabled, it can affect the whole family. That’s why the Social Security Administration (SSA) sometimes gives benefits to the immediate family of the disabled individual. While the system can sometimes be particular, there are certain rules and regulations when it comes to who else in the family is eligible.
Maximum Family Amount
A maximum family amount refers to the maximum amount a family can receive from one individual’s SSDI benefits. If the sum of the benefits between you, your spouse, and your children are over the SSA’s cap, then their benefits are reduced as opposed to the disabled person’s benefits. The SSA even has an SSDI benefits calculator to figure out how much money you can receive.
Depending on the specific situation, family members may be eligible to receive up to 50% of the disability benefit amount. Despite this, there is still a limit to the total amount the family can receive. This limit depends on the amount the disabled individual receives and the amount of qualifying individuals in your family. Usually, the amount is about 150-180% of the disability benefit.
SSDI Spousal Benefits
The spouse of a disabled individual is eligible to receive benefits if certain criteria are met. If they are 62 or older and don’t collect a higher social security benefit based on their earnings, or if they are taking care of your disabled child who is under 16 or who was disabled before reaching 22 years old, they are entitled to receive benefits regardless of their age.
They can receive up to 50% of their husband or wife’s disability benefits if they don’t claim benefits until the full retirement age.
The spouse can’t be receiving retirement or disability benefits from the SSA that exceeds the spousal SSDI benefits. In other words, they are not able to collect the sum of the benefits; rather, the SSA will simply pay the higher of the two benefit amounts.
Ex-spouse Eligibility
Even if you are divorced, your ex-spouse could still be eligible to receive benefits. To qualify, they must have been married to you for at least 10 years, be 62 year old or older, be unmarried, and not eligible for a higher benefit of social security.
Children Eligibility
Your child may qualify for benefits if you do, regardless of if they’re your biological, adopted, or stepchild. In order for them to qualify for benefits, they must be unmarried, 18 or under or 18-19 but a full-time student, or 18 and older and disabled from before the age of 22. While benefits usually stop when the child reaches 18, if they are a full-time student at 18 still, they will receive benefits until they graduate or when they turn 19.
How Our Firm Can Help
If you were denied SSDI benefits, our team of experienced lawyers can lead you through the system and help you get the maximum amount of benefits possible. We understand that when an individual is disabled, the entire family can be involved in the physical, mental, and financial care for them, which is why we will fight hard for your whole family to receive the benefits you deserve. Our Social Security disability attorneys in Mesa, AZ are ready and glad to assist you. We encourage you to contact us today.
