Disability For Military Spouses

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If you are the disabled spouse of someone in the military, or the disabled spouse of a deceased veteran you may be wondering if you are receiving all the disability benefits you are entitled to.

Disabled Military Spouse

The disabled spouse of someone on active duty or a discharged veteran may be entitled to disability benefits from the Social Security Administration in the form of either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

  • If you worked in a job where you paid taxes into the Social Security system you may meet the work eligibility requirement for SSDI benefits
  • If you are disabled and have a low income or are blind you may be able to receive SSI benefits
  • If you are a military spouse, but it is your spouse who is disabled (and they qualify for SSDI) you may also be able to receive benefits under their work eligibility record if you are either 62 or older or if you are caring for a child under the age of 16

In other words, when it comes to Social Security disability benefits for the military spouse, it really does not matter that you are a military spouse. You will be (or won't be) eligible for Social Security benefits regardless of whether or not your spouse was in the military, but rather will be evaluated on work history and disability factors just like anyone else.

VA Survivor Benefits

VA survivor benefits are a completely different story. The only way to qualify for them is to have been the spouse of a deceased veteran. Survivor benefits are called Dependents Indemnity Compensation (DIC), the value of which is determined by several different factors including the veteran's pay grade at the end of their active duty and whether or not there are dependent children who will be receiving benefits. (See also How to Get Military Dependent Benefits).

If you as the surviving spouse are disabled, you may also be entitled to one of two supplemental benefits:

  • Aid and Attendance Benefits - this is an additional monthly benefit for a person who needs assistance with basic living functions such as getting dressed, bathing, eating or even putting on a prosthetic, or for someone who is bedridden. The 2010 amount for this benefit is $286 per month.
  • Housebound Benefits - this additional monthly benefit is for a person with a disability that is considered 100%. The 2010 amount for this benefit is $135

In addition, if your deceased veteran spouse was classified as 100% disabled at the time of his or her death, you will receive an additional monthly payment of $246 if:

  • your spouse had that 100% disability rating for the 8 years prior to their death 
  • you were married to that same spouse for the same 8 year period

Get Legal Help

When you have a disability, it is important to receive your full benefit entitlement. If you have any questions about how to apply for benefits, or whether or not you are receiving your maximum entitlement, contact a disability attorney. They are familiar with the disability benefit process both in Social Security and for the VA and can be an invaluable help to you, making a complicated process as easy as possible.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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