People who are injured to the point where they suffer a disability and have to go on social security are often worried about their family. This is particularly true if the disabled person is the primary earner in the family. Learn the circumstances in which dependents are eligible to receive social security benefits, and how a qualified disability attorney can help your case.
Social Security Benefits for Dependents
When you’re on SSDI, any dependents you have may qualify for social security benefits as well. These benefits are in place to provide supplemental income to the monthly SSDI benefits you receive. In addition, if you pass away and leave dependents behind, they can be eligible to receive survivor benefits.
If your spouse meets one of two requirements, they may be eligible to receive spousal benefits under SSDI. These become available if the spouse in question is 62 years of age, or you have a child who is under the age of 16 and eligible for dependent’s benefits (or is disabled and is eligible).
If you were married to a partner for at least a decade, they may be eligible to receive SSDI supplemental benefits, so long as they are not currently remarried, are at least 62 years of age and you are collecting SSDI benefits. Keep in mind that you cannot receive both dependent benefits and SSDI benefits together, only the greater of the two.
Your children may be eligible for SSDI benefits if you are collecting benefits. As with spouses, there are certain qualifications that have to be met for this to happen. Benefits are available not just to biological children but to adopted and stepchildren as well. These include the child being under the age of 18 and unmarried.
Benefits for Adult Children
There are certain situations where your children over the age of 18 may be eligible to collect SSDI benefits, provided that they are disabled, and became so before the age of 22, or are a full-time student under the age of 19 at a secondary school (not college). In the latter case, benefits cease after graduation or two months past the 19th birthday, whichever is sooner.
Benefits for Grandchildren
Grandchildren and step-grandchildren can also be eligible if they meet three qualifications. First, their parents must be either disabled or deceased, they must be living with the grandparent and have moved in before their 18th birthday, and must for a period of a year before SSDI benefits begin, get at least half of their total financial support from the grandparent.
Finally, if your parents are dependent on you for support, they may be eligible to receive dependent benefits after you pass away, if they are at least 62 years of age, have not remarried, are not entitled to a different and higher benefit from the SSA, and got a minimum of half their financial support from you before your death.
How Much Can Dependents Collect?
Dependents can collect up to half of the dependents you collect, up to a maximum of 180% of your benefits for the whole family. The exact amount depends on a variety of factors, and this is why it’s so important to have a social security attorney in your corner. An attorney can analyze the factors involved to determine how you can get the maximum possible benefits, and help you prove the need to collect.
We’ve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at 800-803-5090 or fill out our online form to schedule a free consultation.