Family Benefits for Social Security Disability

Suffering from an illness or accident that leaves you unable to work and living on Social Security Disability can be traumatic enough, but are probably also worried about your family. What about your spouse, or your dependent children – what are they going to do? The good news is that some members of your family may qualify for benefits on your record.

Family Benefits When You Are Disabled

While your family may be eligible for monthly benefits because you are receiving disability payments, there are limits. Here are some of the facts about family benefits for Social Security Disability:

• Each family member may be eligible for a monthly benefit of up to 50 percent of your disability rate.
• There is a limit to the total amount of money that can be paid to a family on your Social Security record (between 150 and 180 percent of your disability benefit).
• If the sum of the benefits payable on your account is greater than the family limit, the benefits to the family members will be reduced proportionately. This does not affect your benefit.
• You will need to supply Social Security numbers and birth certificates for any family member who applies for benefits with you.
• You will have to supply proof of marriage and, if applicable, dates of prior marriages if your spouse is applying for benefits with you.

Specific Family Member Benefits

There are specific details and limitations pertaining to what each family member can receive, but in general your family members are eligible for benefits if they at least meet the following criteria:

• Your Spouse: must be age 62 or older, or at any age if he or she is caring for your child under age 16 or disabled and receiving Social Security benefits.
• Your Ex-Spouse: If you have a divorced spouse, he or she can be eligible for benefits if they meet all of the following criteria: he or she must have been married to you for at least 10 years, must be at least 62 years old, must be unmarried, and must not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.
• Your Children: Your children must be unmarried, be under age 18, or be 18-19 years old and a full-time student (no higher than grade 12), or be 18 or older and have a disability that started before age 22.
• Your Disabled Child: Disability is not a factor in determining eligibility because all children under the age of 18 qualify for benefits. However, for a child is to continue to receive benefits after the age of 18 because of their disability, their disabling impairment must have started before age 22, and he or she must meet the SSA definition of disability for adults.

If you are struggling with all of the steps and forms needed to file for Social Security Disability, or if you are having problems with a claim you’ve already filed then don’t despair. To receive help from attorneys skilled with Social Security Disability claims litigation please contact the law offices of Markhoff & Mittman. We will ensure you are treated fairly and that you receive the compensation you deserve.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810

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