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Bucher Law Group, LLC

Am I Entitled to My Spouse’s Social Security Disability Benefits?

Posted on in Social Security Disability

Jefferson County social security disability attorney

Social Security Disability (SSDI) benefits can be a boon for employees who are no longer able to work, and under certain circumstances, they may also assist an employee’s spouse. If you and your family are in need of disability assistance, it is important for you to understand who can receive SSDI benefits and how much you may be entitled to. An experienced attorney can help you navigate the complexities of this important issue. 

Spousal Eligibility for Social Security Disability Benefits   

While SSDI benefits are primarily meant to support an employee who has contributed to the plan through payroll deductions, they can sometimes also support the employee’s family. You may be eligible for up to 50 percent of the amount of your spouse’s benefit in specific situations, including:

  • If you are at least 62 years old. In this case, benefits may be available to a spouse who has not contributed to Social Security through his or her own employment, though they will be reduced based on the remaining months until the spouse reaches full retirement age.

  • If you are caring for a disabled child or a child under the age of 16. This benefit provides additional assistance to families in a time of need. The costs for long-term care can include physical or occupational therapy depending on the severity of the child’s condition. 

  • If you are divorced from your spouse. You may be entitled to benefits from your ex-spouse’s SSDI even after a divorce if you fulfill certain criteria. You must be over the age of 62, have been married for at least 10 years, be currently unmarried, and be ineligible for the same amount of SSDI benefits of your own accord.

  • If your spouse passes away. If your spouse dies after having contributed to Social Security, you may be eligible for his or her benefits if you are caring for your spouse’s disabled or minor child, if you are at least 50 years old and disabled yourself, or if you are at least 60 years old.

Applying for Spousal Social Security Disability Benefits

If you are seeking benefits for your spouse in addition to yourself, you should make this clear when you apply for benefits online or over the phone. It is important to note that as a widow or widower, you will need to contact the Social Security office directly via phone in order to request your spouse’s benefits. These cases are often complicated, so it is best to hire an experienced attorney who can help you prepare your claim and navigate the process.

Contact a Waukesha County Social Security Disability Attorney

At Bucher Law Group, we are committed to helping our clients obtain the benefits they need. We understand how challenging the process of applying for SSDI benefits may be, and we want to help you do it the right way so that you have the best chance of success. Contact a Milwaukee County Social Security benefits lawyer today at 262-303-4916 to schedule a free consultation.

 

Sources:

https://www.ssa.gov/benefits/disability/family.html

https://www.ssa.gov/benefits/survivors/ifyou.html

 

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