When Family Members Are Eligible For Benefits

On behalf of Jeffrey Rabin of Jeffrey A. Rabin & Associates, Ltd. posted in SSD on Monday, February 20, 2017.

A very important aspect of Social Security disability benefits is payment to family members. As an Aurora disability lawyer, we think that is very important that those applying for disability benefits understand this aspect of benefits. A family member is eligible for a monthly benefit that is up to 50 percent of the worker’s disability payment. There is a limit to the amount of money that can be paid to a family on one Social Security record. The maximum is between 150 and 180 percent of the primary worker’s disability benefit. This applies even if the spouse did not depend on the worker for support. Family benefits are not paid to SSI applicants, although a disabled spouse or child may be independently eligible.

What are “mother’s benefits”?

Furthermore, benefits will be payable to a spouse of any age who cares for a worker’s child under the age of 16, or to a spouse who is disabled and receiving disability benefits. The spouse would receive benefits until the child reaches the age of 16. When the child reaches age 16 benefits continue, but the spouse’s benefits will stop. These are often times called “mother’s benefits” although they are paid to both mothers and fathers.

Who is an eligible child?

An eligible child can be a biological, adopted or a stepchild. A grandchild who is dependent on a grandparent is also eligible. There are some complicated rules for a child of common law marriages and illegitimate children, eligibility here may depend on state laws.

What if the spouse is collected retirement benefits?

Disability benefits are payable to a spouse age 62 or older unless that person is already collecting a higher benefit under retirement or disability programs of their own. If a spouse is eligible for retirement benefits on his or her own record, the amount that his higher will be paid. There could also be a combination paid. This may seem confusing and an Aurora disability lawyer will be able to provide details for your unique case. An ex-spouse over 62 may qualify if the marriage lasted over 10 years, and there is not eligibility on another record.

Talk to your Aurora disability lawyer to learn more about family Social Security disability benefits. Call The Law Offices of Rabin, Kodner, & Brown at (847) 299-0008 today.

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