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While the main benefactor of SSDI benefits is of course the disabled individual receiving them, the Social Security Administration (SSA) does understand that these payments often provide for the welfare of recipients’ spouses and children as well. The available Gwinnett County SSDI benefits for children and spouses can provide an extra layer of security for a family’s finances.

If the spouse of a disabled worker reaches the retirement age of 62 and does not collect retirement benefits that are worth more than their disability benefits, they may also receive SSDI benefits directly. In fact, SSDI benefits may also be available to a recipient’s former spouse after a divorce in some cases.

In addition, the children of a disabled worker may also qualify for benefits. These benefits typically apply whenever a child is under the age of 18 or is over 18 and a full-time student.

When May a Spouse Claim Benefits?

SSDI benefits are designed to protect the finances of all dependent members of a family in the event of a disability, and one potential beneficiary of these payments is the worker’s spouse. However, it is important to remember that disability payments are always a last source of income. In other words, if the spouse works on their own, they would not receive these benefits.

In addition, if the spouse is retired and receiving retirement benefits, the payments would only be valid if their retirement benefits are less than the disability payments. The SSA only issues spousal benefits if the spouse is over the age of 62 or is caring for a minor child.

An ex-spouse may also qualify for disability benefits, even if the disabled worker has since remarried. However, this only applies if the ex-spouse:

  • Was married to the disabled worker for at least ten years
  • Has not since remarried
  • Is now at least 62 years old
  • Is not eligible for a greater benefit amount though any Social Security program

In short, the SSDI program in Gwinnett County can provide benefits to spouses who are otherwise ineligible to receive any sort of Social Security payment.

Benefits Available to Children

Just as SSDI is supposed to provide support to spouses, the program also provides income for children of disabled workers. All minor children can qualify for these payments, as well as children 18 or 19 years old who are still in high school. Finally, a now-adult child who was disabled before reaching the age of 22 may be able to claim benefits beyond the normal age limits.

What Amount of Benefits May Children and Spouses Expect?

SSDI child and spousal benefits are typically paid at a rate of 50 percent of the disability benefit paid to the injured individual. While the total amount of benefits paid to the entire family can then certainly exceed the payments issued to the disabled worker, under no circumstances can the total payments exceed 180 percent of the worker’s benefits.

Determining the specific value of the worker’s benefits relative to this formula can be difficult, since the SSA uses a complex formula that examines the age of the disabled worker, their work history, and past earnings to calculate their monthly payment. The average payment per month in 2018 was $1,197, but this figure would naturally vary from case to case. To estimate a monthly payment amount, Social Security provides an online calculator that potential claimants can use to determine their benefits.

Gwinnett County SSDI Benefits Could Help Both Spouses and Children

SSDI benefits are not intended for the use of only the disabled claimant. In certain scenarios, the Social Security Administration can also issue benefits intended for the support of certain spouses and children in the event a claimant is left unable to work.

A spouse can collect payments if they have reached retirement age and, in some situations, even if they are no longer married. All minors can also receive payments, as may adult children if they are still in high school or disabled in their own right.

A dedicated and experienced Social Security lawyers could help you understand everything there is to know about the potential SSDI benefits your spouse and children could receive in Gwinnett County. Call today to schedule an initial consultation.

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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    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

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    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.