• 14
  • July
    2011

If you receive Social Security Disability Insurance (SSDI) some members of your family may also be eligible for benefits. Family members that may qualify include your spouse or your ex-spouse as well as your children.

Spouses and Ex-Spouses

Spouses may qualify if they are over age 62, or if they are caring for your child or children under age 16.

To receive benefits on your record, divorced spouses must meet the following conditions:

  • Been married to you 10 years or more
  • Be 62 or older
  • Be unmarried

Neither spouses nor ex-spouses qualify for benefits under your record if they are eligible for equal or higher benefits on their own or someone else's earnings record.

Children

SSDI benefits can also assist you in providing financial support for your children. Children that qualify for benefits include: biological children, adopted children, step children or dependant grandchildren.

Your children must meet the following conditions:

  • Be unmarried
  • Be under 18, or 18-19 and a full-time student (grade 12 or under)

Disabled children over age 18 may also qualify for benefits.

Benefit Amounts and Limits

Your family members may receive monthly benefits up to 50 percent of the amount you receive. There is also a total limit on the amount all your family members can receive. This limit is based on your disability benefit amount and the number of qualifying family members. Generally the limit for your family is roughly 50 to 80 percent of the benefits you receive.

If your family members are eligible for more benefits than the designated limit, their benefits will be reduced proportionately, but your benefit amount will remain unchanged. An ex-spouse's benefits will not negatively impact the amount of benefits you or your other family members are entitled to receive.

Contact an Attorney

Although these are some general guidelines about the eligibility of family members, contact an experienced disability attorney for advice about your specific situation. An attorney can work to make sure you and your family members receive all the compensation you are entitled to.

Source: Family Benefits