Applying For Dependent Disability

You can apply for dependent disability through the Social Security Administration (SSA) under a variety of circumstances. The program is called Social Security Disability Insurance (SSDI) and covers not only the disabled person but also spouses and children under certain circumstances.

Spouse of Disabled Workers

A spouse may be considered a dependent and entitled to benefits through SSDI under the following conditions:

• Wife or husband of any age who has a child under the age of 16, or who is disabled, and the child is receiving Social Security benefits
• Spouse over the age of 62 who is married to a disabled worker
• Divorced men or women older than 62 who were married to a disabled worker for at least 10 years and the worker was eligible for Social Security
• Disabled widowers
• Disabled surviving divorced spouses

Though the laws are clear as to who is eligible for SSDI, it is not always a simple case when interpreting the laws. Expert disability attorneys stay current on the laws and assist people in their negotiations with the Social Security Administration.

Disabled Children and Children of Disabled Parents

There are situations where you can file for dependent disability for children:

• Unmarried child younger than 18 years old who has a disabled parent
• Unmarried child younger than 19 years old who is a full-time elementary or secondary school student and has a disabled parent
• Unmarried offspring who became disabled before the age of 22
• Disabled children of a deceased worker if the children are under the age of 19 and still attending elementary or secondary school full-time

Children can be natural or adopted children. In some cases, children over the age of 22 may also include grandchildren and stepchildren.

Calculating the Benefits

Calculating the benefits involves determining worker benefit eligibility and the amount of other disability payments being collected. The SSDI payments will be offset, subject to a calculated maximum, by the other disability benefits no matter the source of those benefits.

There are also benefits available under Social Security Insurance (SSI) which assists low income beneficiaries including those who are disabled. This program is funded by general tax revenues as opposed to the Social Security fund.

Consult an Attorney

Collecting the full amount of dependent disability can be complicated and may require negotiating eligibility with the Social Security Administration.  It is important to consult an attorney to insure a disabled dependent collects all the benefits he or she is entitled too from SSA and any other sources.