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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.

Dependents Who Qualify for SSDI Benefits

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:

  • The adult child is disabled, and the disability occurred before the child turned 22 years old
  • The child attends a secondary school full-time and is under the age of 19

Common Children and Spouse Benefit Amounts

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 former spouse is 62 years old
  • The former spouse is not married, barring exceptions
  • The marriage lasted a minimum of 10 years

Ask an Alpharetta Attorney About SSDI Benefits for Children and Spouses

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.

The Khaki Law Firm
Our Firm Approach

There are many Social Security disability law firms throughout Georgia. What sets The Khaki Law Firm apart from the rest? Why should you choose us? We are honored to represent those who have worked hard most of their lives, but due to a mental or physical impairment are no longer able to maintain employment and earn an income.

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    We Are Here For You!

    Step 1 Of 2

    We Are Here For You!
    Have you had to stop working due to a physical and/or mental disability?YesNo
    Have you seen a medical professional in the past 6 months for your disability?YesNo
    Have you been advised by your medical professional that you are unable to work and need to file for disability?YesNo
    Have you made an application for social security disability and/or had a hearing in front of an Administrative Law Judge?YesNo
    Are you currently or have you in the past received any benefits from the Social Security Administration?YesNo

    Step 2 Of 2

    Contact Info

    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.