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Social Security Disability Insurance (SSDI) provides benefits to disabled workers as well as their children and spouses. However, to receive benefits, you must meet strict eligibility requirements, and family members must also satisfy certain conditions.

Many applicants find it challenging to demonstrate the qualifications in a manner that meets the Social Security Administration’s (SSA) exacting standards without the help of qualified legal counsel. It is likely that you will receive one or more denials from the SSA, so it may be necessary to appeal several times before obtaining Atlanta SSDI benefits for an applicant’s children and spouse.

Derivative SSDI Benefits

SSDI is an insurance program that pays income benefits to employees who have a disability which prevents them from working for at least one year. To receive benefits, workers must have been recently employed in a position where they paid Social Security taxes, and they must have earned sufficient work credits to meet the threshold. The number of years an employee must work to qualify for SSDI benefits varies depending on their age at the time of becoming disabled.

A worker’s disabling condition must prevent them from performing any type of gainful employment. If an employee can demonstrate eligibility, then dependent family members may also receive benefits. Family members who could qualify for SSDI include:

  • Disabled minor children
  • School-aged children
  • Adult children who developed a disability before the age of 22
  • Spouses
  • Former spouses

The SSA has established specific eligibility criteria for each of these categories. Moreover, the process of applying for Atlanta SSDI benefits may differ for children and spouses.

Benefits for Children

Biological, step-, and adopted children may be eligible to receive derivative SSDI benefits. In some cases, dependent grandchildren could obtain benefits as well. Atlanta SSDI benefits are generally provided to the child of a disabled worker as long as they are still a minor or in secondary school. An applicant’s child over the age of 19 would only be eligible if they suffer from a disability that impedes their ability to live independently.

The amount of SSDI benefits a child receives varies depending on the number of family members who qualify for derivative benefits. A child could receive up to 50 percent of the amount provided to the disabled worker. However, the SSA establishes a maximum amount that a family can receiver per year. If there are many children in a given family, the amount provided to each may be less than 50 percent of the worker’s benefits.

Benefits for Current and Former Spouses

Many people in Atlanta are surprised to learn that SSA can provide SSDI benefits to a disabled worker’s former and current spouse. The amount awarded to a claimant’s former spouse would not be counted toward their family’s maximum.

To receive SSDI benefits, a spouse must either be of retirement age (62 or older) or caring for a child who is 16 or younger or disabled. A divorced spouse must also have been married to the disabled worker for at least ten years and not be currently married in order to receive derivative Atlanta SSDI benefits for children and spouses.

Get Assistance with Atlanta SSDI Benefits for Children and Spouse

You can apply for Atlanta SSDI benefits for children and spouse online or by scheduling an appointment to apply by phone or in person at a local SSA office. Applicants should be prepared to supply all pertinent medical information and documentation.

An SSDI attorney from our firm can assist with the application process. If your claim for benefits is denied, one of our dedicated hearing claims advocates can review the circumstances to determine your eligibility and provide representation during the appeals process. SSDI benefits can offer tremendous help to a family struggling with disabilities, so you should get in touch with our intake team as soon as possible to get your claim on the right path.

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.