Knowing More About Social Security Disability Claims

by | Dec 2, 2014 | Lawyer

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The general purpose of Social Security disability benefits is to provide financial support for adults who have become disabled and are no longer able to work. According to the Social Security Administration, the average age of those receiving benefits in 2012 was 53.2. For individuals who are not considered the typical applicant, options are available for those who are older or much younger.

Benefits for Spouses

Married couples can both claim benefits based on one spouse’s income. For the disabled person’s spouse, benefits can begin at age 62 and taper down until he or she can receive retirement benefits. Younger spouses may be able to claim disability benefits, if they’re currently caring for a child that is 16 years old or younger.

If a disabled person is divorced, whether remarried or not, the ex-spouse may be able to claim these benefits also. You must have been married for at least 10 years, and the ex-spouse must not have remarried.

Benefits for Widows and Widowers

If a disabled person is receiving benefits and dies, the surviving spouse is usually entitled to widow or widower’s benefits. The amount depends on the surviving spouse’s age, disability status, and whether there are dependent children.

Other factors may affect the ability to claim benefits and the amount. If the spouse remarries before age 60, there are no benefits. If he or she has earned retirement benefits, the payment will be the higher of the two.

Benefits for Dependent Children

Children or grandchildren of a person receiving disability benefits may claim a portion of them. To claim these benefits, the child must be unmarried and younger than 18 years old. For a child that is 18 or 19, but still in high school, the age requirement can be waived. Benefits will stop when the child graduates or two months after turning 19. The amount received can be up to half of the disabled adult’s benefits.

When an individual is receiving disability benefits and dies, dependent children may be able to continue receiving benefits until turning 18 or completing high school.

Benefits for Adult Children

For children who are also disabled, there are additional options for benefits. Traditional benefits for dependents stop when the child becomes an adult. However, if he or she is also disabled and the impairment began before age 22, the parent’s benefits can be paid to the child under several circumstances.

The child must be unmarried and cannot earn a substantial income. If he or she is already receiving disability benefits, this will be taken into consideration.

Applying for social security disability benefits can be a lengthy and complicated process. Each case must be evaluated independently to determine which set of circumstances apply. If you need help filing a claim or an appeal, contact a Social Security lawyer for advice. Visit Disability Lawyer for more information.

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