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Can My Spouse Get Benefits If I Am Receiving SSDI?


When a life event happens, you may be able to receive compensation, such as government benefits. The good news is that sometimes family members can receive benefits as well, especially when it comes to medical and disability issues.

This applies to Social Security Disability Insurance (SSDI), which are monthly benefits given to those who are disabled. A disability refers to a medical condition that is terminal or is expected to keep you from working most jobs for at least 12 months. If you are approved, you can receive benefits based on your income and work history.

if you are receiving SSDI benefits, your spouse may also be able to receive them if either:

  • You have been married for at least one year and your spouse is age 62 or older; or
  • Any age and caring for a child who is under the age of 16 or disabled.

In addition, your spouse must not be receiving a Social Security retirement or disability benefit of their own that exceeds your SSDI spousal benefit. They can receive just one benefit at a time, so they cannot “double dip.” Social Security will pay the higher of the two benefit amounts, but will not combine them.

A person can receive up to 50% of their spouse’s disability benefit amount if they claim benefits at their full retirement age, which can range from 66 to 67 years old, depending on their birth year. Keep in mind that spousal benefits are permanently reduced if a person claims them before full retirement age. For example, someone claiming them at age 62 would be eligible for 32.5% of a spouse’s SSDI amount.

Even if you are divorced, your ex-spouse may be able to draw from your SSDI benefits.

Your ex-spouse is eligible to collect benefits if the marriage lasted at least 10 years and your former spouse is age 62 or older and has not remarried. Keep in mind that benefits paid to an ex-spouse do not affect what you or your current spouse get from Social Security.

Also, spouses are not the only ones who are eligible to receive benefits. Your minor or disabled children may be eligible for benefits. However, payments to your spouse and kids are collectively subject to a family maximum, which is a cap on the amount of money you can receive altogether. These benefits can be further reduced if the recipients earn additional income.

Learn More About Social Security Disability Benefits

A disability is a life-changing issue that can affect finances. If you are receiving SSDI benefits, your spouse and your children may be able to receive benefits as well.

Contact a White Plains Social Security Disability lawyer from The Law Office of Michael Lawrence Varon for help getting all the benefits you and your family are entitled to receive. To schedule a free consultation with our office, fill out the online form or call (914) 228-1770.



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