Tallahassee Family Benefits Attorneys

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Spouses, ex-spouses, and children may be able to collect Social Security disability benefits based on the record of a disabled family member. These benefits are only available to dependent children under the age of 18, and to individuals whose spouse’s collect Social Security Disability Income (SSDI), rather than Social Security Income (SSI.)

At the law firm of Anderson & Hart, P.A., our Tallahassee family benefits attorneys provide legal assistance to those who have suffered devastating injuries and are no longer able to work due to illness or disability. Call today for representation in Social Security disability family benefits matters and SSDI claims.

can a husband and wife both receive social security disability benefits?

It is possible for both spouses to receive Social Security Disability at the same time as long as the specific requirements are met by both husband and wife. Each must have a disability that causes you to be unable to work for at least a year or will lead to death.

The following evidence must be provided according to the Social Security Administration's (SSA) impairment listings:

• Medical treatments
• Medical Records
• Medical Imaging Scans
• Lab test results

If you or your loved one has questions regarding social security disability benefits, contact our experienced attorneys for dedicated representation.

What Are Spousal Benefits in Tallahassee?

Spouses of individuals receiving SSDI are entitled to as much as 50% of the amount their monthly benefit payment, depending on the maximum a family is eligible for.

If there is a child who is collecting benefits in the family as well, the amount your spouse can collect will be reduced. For spouses that quality for their own Social Security earnings, the Social Security Administration (SSA) will pay their earnings first.

If the amount your spouse is entitled to is higher than the amount you are entitled to, the SSA may combine benefits to ensure your spouse receives the highest amount possible. If your spouse collects benefits between age 62 and retirement age, the benefit amount they qualify for will be reduced.

Spousal Benefit Eligibility in Tallahassee

You may be able to receive SSDI spousal benefits if:

Your Spouse Is Over 62 Years of Age

Individuals who begin to receive disability benefits when their spouse is 62-years-old or older may be able to continue to receive monthly benefits, as long as they are not eligible for a higher benefit amount themselves.

In instances where an individual’s spouse begins to collect benefits before they reach the age of retirement, the early retirement penalty will reduce the value of the benefit they can receive, except in cases where that individual is caring for a child under 16.

Your Spouse Is Caring for a Minor

Spouses of individuals on SSDI caring for a child under 16-years-old may continue to receive benefits. Child benefits continue until a child turns 18, though a spouse may continue to receive benefits even after a child turns 16 if they are eligible for retirement or become a widow/widower.

The SSA may deduct spousal benefits for individuals who work while taking care of a child. Individuals who make a certain amount of money while taking care of a child may not be eligible for any SSDI benefits.

Your Spouse Is Caring for a Disabled Minor

Spouses of individuals receiving SSDI may continue to collect benefits if they are caring for a disabled child, even if that child is over 16.

To receive SSDI benefits while caring for a disabled child, you must alert Social Security that your spouse is the primary caregiver for a mentally or physically disabled child. For spouses caring for disabled children over the age of 22, the child’s disability must have occurred before the child turned 22.

In cases where a couple goes through a divorce and one spouse is receiving SSDI benefits, the ex-spouse may still be eligible to receive SSDI benefits.

Your ex-spouse may quality for SSDI benefits if:

• Your marriage lasted 10+ years
• Your ex-spouse is 62-years-old or older
• Your ex-spouse is not married
• Your ex-spouse/your ex-spouse’s new spouse makes too much income

In cases where your ex-spouse remarries someone who is also eligible for Social Security benefits, they are still eligible for spousal benefits, depending on their new spouse’s earnings record. Your ex-spouse and children are entitled to continue to receive benefits based off your earnings record.

SSDI Children’s Benefits

Minors are eligible to receive a child’s benefit per the Social Security earnings of a parent at the amount of up to 50% of the parent’s monthly benefit, depending on that parent’s earrings record. The more the parent earned, the more the child is eligible for in SSDI benefits.

If one of more relative is receiving Social Security benefits based on the disabled parent’s record (for instance, the parent’s spouse,) children’s benefits will be capped based on the maximum amount the entre family is eligible to receive.

If a parent dies while receiving SSDI benefits, or if a parent’s earrings record qualified their family to receive benefits at the time of their death, a dependent minor may be eligible for a “survivor benefit.” Children in these cases may receive as much as 75% of their parent’s monthly benefit, subject to the family maximum.

Disabled children or young adults under the age of 22 may be eligible to collect benefits through SSDI based on a parent’s earrings record. Oftentimes, a disabled child’s own record may not quality them for Social Security Income, forcing them to go through a parent’s SSDI benefits.

The maximum family benefit (MFB) amount a family is able to receive is based on how many individuals there are in a family. In cases where a disabled parent has more than one child eligible to receive benefits, or one minor child and a spouse caring for that minor child who are eligible to receive benefits, the total amount they are eligible for may exceed their MFB cap.

In most cases, the MFB total is capped at 150% or a disabled parent’s benefit amount. SSDI benefits are not reduced when claimant’s family members apply for auxiliary benefits such as spousal benefits or child benefits.

The MFB amount is capped based on:

• If the amount is higher than 85% of the disabled party’s average indexed monthly earnings (AIME)
• If the amount is less than the disabled party’s SSDI amount (also known as primary insurance amount, or PIA)
• If the amount is greater than 150% of the disabled party’s PIA

SSDI benefits paid to a divorced spouse do not count towards MFB. In cases where the total benefits being paid to all family members exceeds the MFB amount, the amount of benefits every individual is receiving will be reduced proportionally to meet the MFB cap (this does not apply to the disabled party’s original SSDI benefits.) A minor may receive up to 50% of their disabled parent’s benefit amount depending on what the MFB amount is.

Hire a Skilled Family Benefits Lawyer in Tallahassee, FL

Determining Social Security benefit eligibility is hard, but finding a good lawyer doesn’t have to be. At Anderson & Hart, P.A., our Tallahassee family benefits attorneys are here to bring some clarity to you.

Our team has over 45 years of combined legal experience and are actively involved in making our community a better place. If you or your spouse has been injured, take the first step towards securing your family’s future, and contact Anderson & Hart, P.A. today to learn more about disability benefits for spouse and child.