Disabled people are to file for disability benefits with the Social Security Office. Here, countless disability cases and disability claims are carefully evaluated and processed. After all, social security disability benefits can be quite significant.
Under disability law, certain medical conditions or impairments could be grounds for applying for disability benefits. An accident or incident that made a person disabled and unable to work (or return to work) could also translate to social security benefit.
His or her work history, social security payments, and the nature and severity of the medical condition or impairment will determine whether such a disabled person is entitled to social security disability insurance (SSDI) or supplemental security income (SSI).
Spouses of people with disabilities who meet the qualifications set by the Social Security Administration could also get disability payments. The spouse of a claimant may be eligible for up to half of the primary disability benefit, as long as it does not go beyond the maximum benefits for a household. The specifics of claiming disability benefits for spouses can be explained further by experienced disability lawyers.
When recipients of a social security disability claim pass away, spouses may still be eligible to receive disability checks. The surviving spouse of the person receiving the original disability payment may still be covered by social security through what is referred to as survivor benefits.
A person could get paid social security benefits equivalent to 100% of the deceased spouse’s disability payment (if the widow or widower has reached retirement age). The disability check would be lower if the deceased availed of benefits under the disability program before retirement age.
If you have been securing spousal benefits on your spouse’s work record, the Social Security Office will automatically switch you to survivor benefits. If it was not automatic, your disability lawyer can help you apply for social security survivor benefits.
A person applying for social security survivor benefits must be 60 years old and above and must have been married to his or her deceased spouse for at least nine months. Social security law, however, allows a surviving spouse who became disabled seven years into the beneficiary’s death to apply by age 50. There is no age requirement for widows or widowers caring for children under age 16 or are disabled. Furthermore, there is no length-of-marriage requirement if the death occurred while the primary beneficiary is on US military duty.
Remarriages also factor in when widows or widowers apply for benefits. One cannot apply for social security survivor benefits if he or she remarried before age 60 (or 50 if the person is disabled) unless that marriage ends. Only if you remarry at age 60 or beyond (50 if you are disabled) will a remarriage not affect your eligibility for survivor benefits.
When applying for a social security survivor benefit, note that it will likely be calculated based on the disability benefits that your deceased spouse was receiving or was entitled to receive at the time of death.
Filing for disability, spousal, or survivor benefits involves a tedious application process. Individuals with disabilities must first meet set disability requirements and fill out paperwork. A competent disability attorney can help you with all of these.
For assistance on SSDI, SSI, spousal benefits, survivor benefits, or social security information in general, contact our law firm. Call us at E Orum Young for a consultation.
