Can Both Spouses Get Social Security Disability At The Same Time
Home » Frequently Asked Questions » Can Both Spouses Get Social Security Disability at the Same Time?
In general, both spouses can get Social Security Disability at the same time. However, because each disability benefits program has its own qualifications, some programs make this much easier than others.
It is possible for couples to both draw Social Security Disability Insurance benefits and Supplemental Security Income benefits, providing they otherwise meet each programs requirements.
Social Security Disability Insurance Provides Financial Support For Americans With Disabilities And Family Members Can Also Claim The Benefits
The Social Security Administration is best known for the benefits offered to retired workers in the United States, but the agency provides a variety of other programs to offer financial support to vulnerable Americans.
Social Security Disability Insurance pays benefits to you and certain family members if you are insured, meaning that you have contributed enough to the SSA during your time in work.
If you are eligible for SSDI then your spouse is able to draw a benefit as part of your support program, provided that you have been married for at least one year and your spouse is at least 62 years old. If your spouse cares for a child of yours who is younger than 16 or disabled, then they can claim SSDI support regardless of their age.
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How Much Can A Spouse Claim From Ssdi
A spouse can claim a maximum of 50% of the amount of their husbands or wifes disability benefit, provided that they claim the benefits at full retirement age or that they are also caring for the disabled persons child.
There are some limits on this, however, related to the SSAs dual entitlement restrictions. You cannot claim a spousal benefit if you are already in receipt of a Social Security retirement or disability benefit of your own that exceeds the amount from the spousal SSDI claim.
Spousal benefits, like other forms of SSA benefits, are reduced if claimed before full retirement age, assuming that there is no childcare issue which could entitle the spouse to an earlier payment.
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Benefits For Dependent Children
Children of Social Security disability insurance recipients are also eligible for dependents benefits, but there are a few stipulations. The maximum family benefit, along with other specifications play a role in how much is allocated to the child, the spouse, or other family members.
If the child is unmarried and they are younger than 18, they are 18-19 years old, or they are enrolled as a full-time student in high school, they can qualify for SSDI benefits from their parents. Additionally, if they are 18 years of age or older and they have a recognized disability that started before the age of 22, they are also eligible to receive dependents benefits.
If the parent is disabled or retired and they are receiving Social Security disability benefits, their child can receive benefits under their name. Likewise, if the childs parent dies and they have paid Social Security taxes, then benefits can be obtained by the surviving child under these circumstances as well.
Social Security Disability After A Spouse Dies
Under normal circumstances, you can’t receive disability benefits based on anyone’s disability but your own, but you can receive survivor’s benefits in some instances.
For regular Social Security Income , generally speaking, if you’re of retirement age 62 years old you can receive Social Security retirement benefits based on your deceased spouse’s record with the Social Security Administration . And, if you’re disabled, you may also be able to receive Social Security disability benefits after your spouse passes away.
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How Do Benefits Work And How Can I Qualify
While you work, you pay Social Security taxes. This tax money goes into a trust fund that pays benefits to:
Those who are currently retired
People with disabilities
The surviving spouses and children of workers who have died
Each year you work, youll get credits to help you become eligible for benefits when its time for you to retire. Find all the benefits the Social Security Administration offers.
There are four main types of benefits that the SSA offers:
Learn about earning limits if you plan to work while receiving Social Security benefits
Surviving Eligible Child Of A Veteran When The Veteran Doesnt Have A Surviving Spouse Whos Eligible For Dic
Well base your payment amount on the number of the Veterans eligible surviving children. You’re an eligible child if you meet at least one of the requirements listed below.
At least one of these must be true:
- You’re under 18, or
- You’re between 18 and 23 and in a VA-approved school program, or
- You’re permanently unable to support yourself due to a disability that happened before age 18
Monthly payment rates
- For each additional eligible child in a family of 10 or more children, add $235.38.
- For each helpless child over 18, add $387.15 to your monthly rate above. This will be your total monthly payment. For example, if there are 2 eligible surviving children, and one of them is a helpless child, the rate for that child would be $861.76 .
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What Happens To Social Security Disability Benefits When A Spouse Dies
- When a spouse dies, you may be able to receive Social Security disability benefits. Find out how Social Security disability works when your spouse passes.
The loss of a spouse is difficult enough, but along with it, there are financial issues to sort out. When a spouse who had been collecting Social Security disability benefits passes away, that benefit is sometimes passed onto the surviving spouse if they meet certain criteria.
Remember that each person’s situation is different, and if you have any questions about whether or not you’d qualify to receive Social Security disability after a spouse passes, you can contact your local Social Security office or call 1-800-772-1213 to speak to a Social Security representative.
Learn more below about the intricacies of how Social Security disability works after a spouse dies.
You Cannot Receive Ssi
It is important to note the difference between SSDI and other types of federal benefits. For example, there is no dependent benefit for spouses or children of people getting SSI, or Supplemental Security Income. SSI a means-tested program based on financial need. It provides cash assistance to people who are at least 65, blind or disabled, and who have very low income and limited assets. The federal governments general tax revenues fund the SSI programs benefits, not Social Security payroll taxes. Therefore, this benefit requires no work history from its recipients. So when it comes to marriage and disability benefits from SSI, then spouses cannot qualify for those payments.
If youd like an expert to walk you through the difference between the two types of benefits, please reach out to a lawyer in our network.
Help is available to ensure you receive all the payments you qualify for! Speak to an experienced Social Security disability lawyer for free about your potential case today.
Ready to see if you may qualify? Complete your free online SSD benefits evaluation now!
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Benefits For Your Children
When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child, or stepchild. A dependent grandchild may also qualify.
To receive benefits, the child must:
- Be under age 18 or
- Be 18-19 years old and a full-time student or
If You Get Social Security Disability Income And Have Medicare
- Youâre considered covered under the health care law and donât have to pay the penalty that people without coverage must pay.
- You canât enroll in a Marketplace plan to replace or supplement your Medicare coverage.
- One exception: If you enrolled in a Marketplace plan before getting Medicare, you can keep your Marketplace plan as supplemental insurance when you enroll in Medicare. But if you do this, youâll lose any premium tax credits and other savings for your Marketplace plan.
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Can I Receive Sbp Or Rcsbp Payments And Dic At The Same Time
In most cases, you cant receive a full SBP or RCSBP payment and a full DIC payment at the same time. The exception is if you’re receiving an SBP or RCSBP annuity from one spouse, then you remarry after age 55 and become eligible for DIC based on the service-connected disability of your new spouse. In this case you can receive full benefits through both programs at the same time.
If the exception doesn’t apply to you, the DFAS will reduce your SBP or RCSBP payment by one-third of your DIC payment through the end of this year. If your DIC payment is greater than your total SBP or RCSBP payment, the DFAS will stop your SBP or RCSBP payments. This is called the SBP/DIC offset.
Calculating Social Security Spousal Benefits
Spousal benefits are based on your spouses primary insurance amount, which is the amount theyre eligible for at full retirement age . Depending on how old you are when you start Social Security, you can receive 32.5% to 50% of your spouses benefit.
If you wait until your full retirement age which is 67 if you were born in 1960 or later youll qualify for the 50% maximum. But if you claim as soon as youre eligible at 62, youd only receive 32.5% of their full benefit.
When you take your own retirement benefits, you can earn 8% delayed retirement credits for each year you wait past your full retirement age until you reach your benefit cap at age 70. However, you cant earn delayed retirement credits when youre taking spousal benefits. Youll receive your maximum benefit once you reach full retirement age.
You also wont earn extra if your spouse waits past their full retirement age. The rules are different for surviving spouses, as well discuss shortly.
If you take spousal benefits, you wont affect the benefits your husband or wife receives. Their benefit is based solely on their primary insurance amount and when they claim.
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Collecting Social Security Spousal Benefits
Spousal benefits are Social Security benefits that are based on your spouses work record instead of your own. In some circumstances, youre eligible for spousal benefits even if youve divorced.
Your Social Security retirement benefit is typically based on your 35 highest-earning years of work. But, if your spouse earned significantly more or your work history is limited, you may get more money from spousal benefits. Read on to learn when you qualify for spousal benefits and how Social Security calculates your payments.
Can I Get Disability Allowance In Hospital Or Residential Care
You can get Disability Allowance, if you are in hospital or residentialcare.
If you are already getting DA and go into hospital or residential care, youwill continue to get your payment, as long as you continue to meet thequalifying conditions above.
If you were not getting DA before you started living in residential care,you can apply for DA.
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What If We Do Not Qualify For Ssdi
You and your spouse may qualify for SSI benefits even if you live together. You must both meet the disability and income requirements, though.
SSI does not only consider your individual income it takes other forms of household income into account, including your spouses SSDI or SSI benefits. If both you and your spouse have SSI benefits, both of you may see a reduction of benefits if you live in the same household. You may no longer qualify for SSI benefits if your spouse gets SSDI and your household exceeds the SSI limit.
If your spouse qualifies for SSDI but you lack the necessary work historybut you meet the other program qualificationsit may be possible to get approval for SSI if you meet the income and resources guidelines. Our attorneys can determine if you qualify in this situation.
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If Your Spouse Also Worked Under Social Security
If your spouse is eligible for retirement benefits on their own record, we will always pay that amount first. But, if the spouses benefit that is payable on your record is a higher amount, they will get a combination of the two benefits that equals the higher amount.
If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, their Social Security benefit on your record may be affected.
Whats A Survivor Benefit Plan
The Survivor Benefit Program is a voluntary annuity program that service members may buy as a retirement benefit for their family members. An annuity is a monthly payment received for life. Depending on their military service, members may use this program to buy a Survivor Benefit Plan or Reserve Component Survivor Benefit Plan .
We dont manage this program. Its managed by the Defense Finance and Accounting Service at the Department of Defense.
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How Can My Spouse And I Meet The Eligibility Requirements For Ssdi
As long as you both can prove you suffer an impairment that prevents you from working and you meet the work credit requirements for SSDI you can both receive benefits. The SSA reviews your qualifying criteria on their own merits. Your spouses impairment, income, or other factors do not affect your application.
Because of the nature of the program, the SSA requires you to work long enough to earn a certain number of work credits based on your age. Both you and your spouse will need to have sufficient individual work histories to qualify for SSDI benefits.
If you or your spouse are still doing some work, it must be under the substantial gainful activity limit. If neither of you can workor you work in only an extremely limited capacityyou should meet this requirement. Since your SGA does not include income not earned through working, you may qualify for disability even if you have additional household income from investments, retirement, or other sources.
What Is The Social Security Disability Insurance Program
The SSDI program pays benefits to a person who cant work because they have a medical condition thats expected to last at least one year or result in death. Federal law requires this strict definition of disability. The person must also be insured. This means that they must have worked long enough and recently enough and paid Social Security taxes on their earnings. Certain family members of a worker can also receive benefits. While some programs give money to people with a partial disability or short-term disability, Social Security does not.
Military families with a family member with special needs or a family member with a military-connected disability may receive supplemental income through SSDI if they qualify.
To learn more about SSDI or to apply, visit Social Securitys Benefits for People with Disabilities webpage.
Contact your installations Military Family Support Center or a Military OneSource special needs consultant if you have questions or concerns about:
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How To Stop Social Security Check Payments
The SSA can not pay benefits for the month of a recipients death. That means if the person died in July, the check received in August must be returned. Find out how to return a check to the SSA.
If the payment is by direct deposit, notify the financial institution as soon as possible so it can return any payments received after death. For more about the requirement to return benefits for the month of a beneficiarys death, see the top of page 11 of this SSA publication.
Family members may be eligible for Social Security survivors benefits when a person getting benefits dies. Visit the SSA’s Survivors Benefits page to learn more.
If You’re Not Sure Why You Received A Payment
If you receive a check or direct deposit payment from the Treasury Department and do not know what its for, contact the regional financial center that issued it. Only the agency that authorized the payment can explain why you received it.
If you received a check, look for the RFCs city and state at the top center. Then contact that RFC to find out which federal agency authorized the payment. It will be one of these:
If you received payment byelectronic funds transfer , or direct deposit, follow the directions under Find Information About a Payment.
Use the Treasury Check Verification System to verify that the check is legitimate and issued by the government.
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