The spouses of those who are collecting, or are eligible for, Social Security Disability Insurance (SSDI) benefits, may be eligible to receive benefits depending on various criteria that must be met. Spousal benefits are only available for recipients of SSDI benefits, not Supplemental Security Income (SSI).
Children with a parent who collects disability benefits may also be eligible to receive benefits. The Social Security Administration has a strict definition of what they define as “children”, which may affect eligibility depending on someone’s status.
Due to the arduous and time-consuming process of applying for SSDI benefits, it may prove beneficial to seek legal advice from an attorney who is knowledgeable in Alpharetta SSDI benefits for children and spouses. Forgoing this may complicate the process and even affect a person’s eligibility, especially if an applicant has little to no knowledge of the SSDI process.
As mentioned before, there are various criteria that must be met before qualifying for benefits. If a beneficiary’s spouse is 62 years or older at the time when the individual started receiving benefits, a monthly benefit based on the individual’s earning records may be awarded.
However, if the spouse collects any disability benefits prior to the full retirement age of 62 or older, an early retirement penalty kicks into effect and permanently lowers the overall benefit amount. Although, this does not apply to spouses caring or children under 16 who are eligible for benefits.
According to the Social Security Administration (SSA), the total benefit amount is adjusted based on the number of family members who qualify but is generally the between 150 and 180 percent of the beneficiary’s monthly amount. A spouse may also get benefits if a child is under their care. In order for these benefits to take effect, the child must be under the age of 16, under the care of the spouse, unmarried, and biologically-related, adopted, or considered a stepchild.
Children who are 18 and over may collect SSDI and receive benefits in the following situations:
If the spouse or child is eligible, the allotted benefits may be up to 50 percent of the overall amount the beneficiary receives. If the amount that the family would receive is above the 150 to 180 percent limit, the benefits will be reduced equally by the SSA.
If a spouse has a qualified earnings record with the SSA, that amount will be paid in benefits first. On the contrary, if the spouse’s amount is less than the what the beneficiary is receiving, the SSA will combine the benefits to ensure the spouse is receiving the higher amount.
In some cases, former spouses may also collect benefits based on the beneficiary’s work earnings in circumstances such as:
The Social Security Administration requires each family member to supply a substantial amount of information to determine eligibility. It can be difficult to know what information and the most persuasive way to format the information, so the assistance of a legal representative knowledgeable on Alpharetta SSDI benefits for children and spouses may simplify the benefits process and ensure its accuracy. To learn more, call today.
Contact The Khaki Law Firm Today
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
We are ready to help you, and offer multiple ways to reach us.