If you are forced out of work because of a disability, you and your family may be eligible for Social Security Disability Insurance (SSDI) benefits. SSDI is a federal government benefit that the Social Security Administration (SSA) administers for disabled individuals who have worked enough to qualify for the program. Eligibility for SSDI benefits depends on numerous requirements, and benefits are only available after applicants comply with the SSA’s application procedures.
In certain circumstances, SSDI provides additional benefits for children and spouses along with the disability benefits for disabled workers. The application process could be complex and confusing if you are unprepared or unrepresented. SSDI benefits for children and spouses may be within your reach with help from a skilled lawyer. An attorney could explain your SSDI rights and legal options.
If the SSA approves someone for SSDI benefits, their spouse might also receive aid if they are at a minimum of 62 years old. Eligibility for a spouse younger than 62 depends on whether that spouse cares for a child of the claimant who is less than 16 years old or is disabled themselves.
In Marietta, a dependent spouse may be able to receive up to 50 percent of the amount of benefits the disabled claimant received. They may not be eligible for these benefits if they could qualify for significantly higher social security earnings on their own.
Children of SSDI claimants in Marietta may also be eligible to receive benefits if they are under the age of 18, or if they are under the age of 19 and still in high school. There is an age exception for any child with a disability who is over the age of 18, so long as the disability began before they were 22 years old. As with spouses, eligible children may receive monthly benefits of up to half of the monthly payments granted to the disabled parent.
In certain cases, other family members may also have a right to receive benefits through SSDI, including grandchildren, elderly parents, and ex-spouses. Specific eligibility requirements apply to these family members, however. A knowledgeable attorney in Marietta could advise individuals seeking SSDI benefits about the circumstances where children and spouses may be eligible to also receive benefits, along with the amounts that these dependents may receive.
The total amount of SSDI benefits in Marietta available to children and spouses is subject to a cap. The maximum total amount ranges from 150 percent to 180 percent of the claimant’s full Social Security retirement benefit amount. The benefits for family members may be reduced if their total calculated benefits exceed the allowed maximum.
If a successful claimant also had a spouse, a 14-year-old child, and a disabled 20-year-old child, the total to be paid for all four members would be reduced so as not to exceed the maximum amount set by the law. This is true even if each individual member may have individually been entitled to 50 percent of the benefits the disabled claimant received. Knowledgeable legal counsel could help explain possible approaches to receive full and fair benefits under SSDI.
If you are looking to apply for SSDI benefits for children and spouses in Marietta, the skilled guidance of an experienced attorney could make all the difference. Even though eligible children and spouses should receive dependent benefits once a claim is approved, the government may not always process these dependent benefits right away.
A dedicated lawyer could work tirelessly on your behalf to seek the maximum benefits the law allows for you and your family. Call today to learn more about your rights under the SSDI system and how qualified legal counsel may be able to help you protect them.
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.