Spousal benefits will I get them if spouse gets SSDI?If you are disabled with a severe health condition which is expected to last at least 12 continuous months, you cannot perform substantial gainful activity, and you have sufficient work credits you may be entitled to Social Security Disability Insurance (SSDI). In some case, your spouse or ex-spouse may also be entitled to a benefit based on your earnings record.
Caring for a disabled child
Spouses who are married to a disabled worker (or who were married to a disabled worker) and who are currently caring for a disabled child or a child who is under the age of sixteen may qualify for SSDI spousal benefits.
Caretakers may also work and care for the child, but the Social Security Administration will reduce the benefit if they make over a specific amount. For example, in 2015, caretakers are allowed to make $1,310 per month. If the caretaker makes more than this the SSA will lower their SSDI spousal benefit one dollar for every two dollars which they make over the specified limit.
Spousal benefits may continue for caretakers if their child is over the age of 16, but only if the child is disabled. The SSA will expect that the spouse receiving the benefit has parental control, responsibility, and provides physical care for the child with disabilities.
Spousal Benefit without caring for a child
Spouses of disabled workers need not care for a child to receive SSDI spousal benefits. There are, however, very specific requirements. To receive SSDI spousal benefits a spouse must have been married to the disabled worker for at least one year and must be sixty-two years or older.
If a spouse collects the SSDI spousal benefit prior to their full retirement age (and they are not caring for a child under the age of 16) the SSA will impose the early retirement penalty. Talk to the Social Security Administration if you have questions about how your benefit is calculated or what deductions they will assess against your benefit payment.
My disabled spouse is dead will I get a survivors benefit?
Many claimants who receive SSDI benefits are very sick and may die while they are receiving payments. So what happens to the spousal benefits if the disabled spouse who was receiving SSDI benefits has died? The spouse may receive benefits if they are sixty years or older, they are disabled and between the ages of fifty and sixty years of age, or they are currently caring for a child under the age of 16 or a disabled child.
I have remarried what will happen to my spousal benefits?
All life changes should be reported to the Social Security Administration. Spouses receiving spousal benefits from a deceased spouse may forfeit their rights to benefits if they remarry or they are eligible to receive higher Social Security benefits on their own work record.
Talk to the SSA if you have questions about your SSDI spousal benefits. In some cases you may also be eligible for benefits if you are no longer married to the disabled worker.