If your spouse is deceased, you may be eligible for disabled widow’s benefits on their work record if you are age 50 or older and your disability began within seven years of the spouse’s death.
Although you may think of it as a program providing monthly benefits to workers unable to work because of a disability, Social Security Disability Insurance (SSDI) also pays benefits to your family members under certain circumstances. The spouse of a disabled worker may be entitled to receive monthly payments based on the worker’s earnings provided they have been married for at least one year.
A disabled worker’s spouse may receive as much as one-half of the monthly SSDI benefits without it reducing the benefits received by their disabled spouse. There are conditions that must be met, so a consultation with a disability lawyer at Disability Partners, PLLC, offers the opportunity for you to learn more about the program.
If you qualify for SSDI, your spouse who is at least 62 may apply for spousal disability benefits. The age requirement does not apply if your spouse cares for a child who is either younger than 16 years old or is disabled before age 22 and eligible for disability benefits through Social Security.
Your spouse cannot receive a spousal benefit while also receiving SSDI or Social Security retirement benefits based on their own work history. If the benefit payable under your spouse’s work record is lower than what would be received as a spousal disability benefit, they will not lose any benefits. Instead, the amount payable through your spouse’s account is paid first, and the difference to bring the total benefit to the higher amount comes as the spousal benefit.
There are other rules that may affect what your spouse may receive through your earnings. For instance, a spouse who qualifies for a pension for work at a job that was not subject to Social Security taxes, such as a government job, the pension may affect how much they receive as a spousal disability benefit.
Spousal disability benefits are equivalent to 50% of the benefits the disabled worker receives each month. However, spousal disability benefits are part of the family benefits payable through SSDI, and the limit on what a family may receive is between 150% and 180% of the eligible worker’s SSDI benefit.
A former spouse may be entitled to a spousal disability benefit based on your earnings record. To be eligible for the benefit, your former spouse must meet the following requirements:
If your former spouse can qualify for an equal or higher benefit based on their own earnings record or the record of another person, then no spousal disability benefit is payable.
If you want advice about spousal disability benefits or any matter pertaining to Social Security disability benefits, consult a lawyer at Disability Partners, PLLC. Contact us today for a free consultation to learn about your rights and how to protect them.