How to Get Disability Benefits for Your Spouse

Adults who become disabled and have earned sufficient credits as measured by the Social Security Administration (SSA) are typically entitled to a monthly Social Security Disability (SSD) benefit.  However, a spouse, and, in some cases, an ex-spouse of a disabled person, also may be entitled to SSD benefits based upon the earnings record of the disabled spouse or former spouse.

Getting Disability Benefits for Your Spouse

There are a number of ways that your spouse can qualify for SSD benefits based upon your earnings record.  First, your spouse is eligible for SSD benefits as a result of your work history if he or she is over the age of sixty-two (62).  Next, your spouse qualifies for SSD benefits from your earnings record if he or she is caring for your dependent child who is under the age of sixteen (16) or a child who is disabled.  The maximum amount of benefits available for a spouse is up to one-half (1/2) of your disability income.  However, there are also limits on the total amount of SSD benefits for which your family is eligible as a whole.  This limit varies to some degree, but is usually between 150% and 180% of your disability benefit. 

Additionally, your ex-spouse may be entitled to benefits based upon your earnings record in certain circumstances.  In order for an ex-spouse to be eligible for these benefits, you must have been married for at least ten (10) years and divorced for at least two (2) years, he or she must be over the age of sixty-two (62), he or she must not be remarried, and he or she must not be eligible for an equal or higher amount of benefits based on his or her own, or another person’s, work record. 

Applying for Disability Coverage

In order to file for spousal disability benefits, you provide certain information about your spouse when you fill out your own application for disability benefits, including your spouse’s birth certificate, social security number, and a copy of your marriage license.  When the SSA makes a decision on your disability claim, it will also make a decision on any benefits to which your spouse may be entitled, and will notify you of this decision in writing. 

When to Get Legal Help

As the rules for spousal disability benefits, and particularly in the case of an ex-spouse, can be somewhat complex, you may want to seek legal advice about your spouse’s eligibility for SSD benefits based upon your earnings record.  By enlisting the assistance of an experienced disability attorney, you can ensure that your family receives all benefits to which it is entitled in the case of your disability.