Unless you are working for the social security office, it can be quite confusing to understand how social security disability insurance (SSDI) or supplemental security income (SSI) disability benefit works. Disability law is complex and is often misunderstood. Without a disability attorney, it can be hard to know what social security disability benefits an individual is entitled to.
Countless people file for disability benefits at the social security office every year. This article will explore SSDI disability benefits that spousal beneficiaries can receive.
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Who may try to apply for a social security disability claim?
Very broadly, people with disabilities may try to apply for benefits and disability checks. Generally, entitlement for a disabled person comes with age, a specific medical condition or impairment, and his or her work history. Filing for disability and qualifying for disability claims, however, are never that simple.
Individuals with certain impairments or acquired medical conditions (depending on the severity) may try to qualify for social security benefits. Disabled individuals who are or have become unable to work (or return to work) may likewise consider applying for disability benefits.
Given the complexity of disability criteria and qualifications, hiring a good disability lawyer is necessary when applying for SSDI benefits. You need an attorney who will help you with your social security claim.
If you believe you (or a family member) could be eligible for social security, get legal counsel right away. If you are indeed qualified, your social security disability lawyer will be able to explain to you in detail how to file a disability claim.
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What is the social security disability insurance spousal benefit?
Since disability has an impact on meeting the financial need of an entire family, your spouse could be entitled to receive an amount on top of your disability payments. To qualify for spousal disability benefits, the following criteria set by the Social Security Administration must be met:
- Following social security law, you have been married for at least one year/
- Your spouse is 62 years old or more when you start receiving benefits (there is an early retirement penalty applicable to younger individuals)
- Your spouse is caring for a child who is less than 16 years old (the benefit ends when the child turns 16)
- Your spouse is caring for and has parental control and responsibility for a disabled child who receives social security benefits, regardless of the age of the child (the disability, however, must have taken place or was diagnosed before the child is 22 years old)
If requirements are met, your spouse could get paid up to half of your disability benefit. Your social security lawyer, however, should explain to you that there is a maximum amount for a family, so spousal disability payments could be reduced if a child is also receiving benefits.
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Why do I need a social security benefits lawyer in my disability application?
Disability attorneys work with clients to ensure that they are correctly filing a disability claim. They also help with the disability application paperwork that you submit to the social security office.
In the case of a medical disability, for example, social security disability lawyers help in requesting medical records and in talking to your doctor regarding your medical condition. He or she will effectively make use of medical evidence to advocate your case with the social security office whenever necessary.
Despite the volume of disability cases, the social security office scrutinizes and evaluates each SSDI application very carefully. A social security attorney can explain how the circumstances of the individual applying for benefits affect the actual social security benefits he or she is entitled to. More than helping you fill-out forms when you apply for disability, a good social security disability attorney will stay connected even during the waiting period.
If you are planning to apply for social security or questions on the application process for SSDI spousal benefit in Louisiana, give us a call. When applying for social security, get the services of a trusted disability law firm. Contact us at E Orum Young.
