What are the requirements a spouse has to meet to be eligible for SSD benefits?

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Question:

What are the requirements a spouse has to meet to be eligible for SSD benefits?

Answer:

SSD benefits can be awarded to a spouse based on the work of a disabled spouse. The only requirements that need to be met are proving that the person seeking benefits qualifies under one of these categories:

  • Being age 62 or older
  • Caring for a child of the disabled spouse who is under 16 or disabled

The total benefit paid to a spouse is up to half of the disabled spouse's disability benefit. However, there is a total limit of about 150 to 180% of the disabled spouse's total disability benefit that can be paid to qualifying family members.

Divorced spouses may also qualify for SSD benefits if the following conditions are true:

  • The ex-spouse was married to the disabled spouse for at least 10 years
  • The spouses have been divorced for at least 2 years
  • The ex-spouse is single
  • The ex-spouse is 62 or older
  • The ex-spouse is not eligible for an equal or higher benefit based on his/her own work or someone else's work

The spouse is also not entitled to receive SSD benefits if the other spouse has not qualified for disability benefits beforehand. However, a divorced spouse might still be able to get benefits even if the disabled spouse is not getting them.

Considering that it is very hard to get disability benefits under Social Security aside from the application process and paperwork involved, it is fairly easy for a spouse to prove that (s)he is eligible to receive benefits.  Proper paperwork and proof should be sufficient.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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