Social Security Disability Insurance (SSDI) not only aims to provide financial assistance to the representative payee but also to their family. But how much disability benefit can a spouse receive?
Generally, the Social Security disability spousal benefit is 50% of the amount received by the disabled worker. However, these benefits may be lower if the disabled worker also has children collecting Social Security disability benefits.
Read below for more information on how much disability benefits your spouse can receive.
How Much Disability Can Your Spouse Receive?
If you are receiving SSDI, your spouse may be eligible to receive benefits if:
- You have been married for a minimum of 12 consecutive months.
- He or she is either 62 years of age or older.
- He or she is any age and responsible for a child who is under 16 years old or who has a disability that began before age 22.
In addition, the amount of your spouse’s individual Social Security retirement or disability payment must not be more than the amount of the spousal benefit that they get from your SSDI. In circumstances of “dual entitlement,” in which an individual is eligible for both an individual SSDI payment and spousal benefits, Social Security will only pay out the larger of the two benefits.
A spouse is eligible to receive up to half of their partner’s disability benefit when filing for benefits beginning at full retirement age (currently 66 and 4 months for individuals born in 1956 and 66 and 6 months for individuals born in 1957; increasing to 67 over the following years).
If a man receives $1,400 per month in disability payments, his wife may be eligible for $700. However, Social Security may cut your spouse’s benefits if the beneficiary’s children are also receiving benefits.
This is due to the fact that there is a maximum amount of SSDI benefits that a family can receive.
Benefits for the disabled worker and his or her family cannot exceed the maximum family benefit (MFB) set by Social Security, which is currently set at 150% of the disabled person’s SSDI payment for the month.
However, Social Security will not reduce the amount of payments made to the disabled worker under SSDI; instead, they will reduce the benefits paid to the disabled person’s spouse and children to bring the entire amount paid to your family under the MFB.
Claiming spousal benefits before full retirement age results in a permanent reduction unless the claimant has a qualifying child care obligation. Those who reach age 62 in 2023, for instance, might only qualify for 32.5% of their spouse’s SSDI benefit.
Provided you are divorced and receiving SSDI, your ex-spouse may be eligible for payments as well, provided the marriage lasted at least 10 years, your ex-spouse is 62 or older, and you have not remarried.
The amount of Social Security benefits awarded to a former spouse has no bearing on the benefits you or your current spouse may receive.
Benefits for Widows and Divorcees
Divorced and widowed individuals must navigate a complex set of requirements in order to get spousal benefits from Social Security.
Benefits for Divorcees
Divorced individuals may collect spousal benefits based on their former partner’s employment history. The guidelines are essentially the same, with the following additions:
- You both need to have been married for at least ten years.
- You need to be unmarried at present.
Spousal benefits are available to those who have been divorced for at least two years, regardless of whether or not the former spouse has applied for them.
If your ex-spouse is still alive and you want to collect benefits, you’ll need to be at least 62 years old. It makes no difference if the ex-spouse is actually collecting the benefits or not. Once your ex-spouse has passed away, you will be eligible for the same benefits as a widow or widower.
Benefits for Surviving Spouses
A surviving widow or widower may be eligible for up to the full amount of their deceased spouse’s benefit. This is only the case if the survivor has already reached full retirement age at the time of the application.
If the surviving spouse is at least 60 years old but has not yet reached full retirement age, the payout will be decreased to anywhere between 71% and 99% of what the deceased person was entitled to receive.
People who are disabled can begin the application process as early as the age of 50. The application procedure at the SSA has been shortened to ensure that there are no delays in the initial payment.
Even if your spouse passed away several years before they were eligible for retirement, it is possible that you will still be eligible for benefits. All workers earn Social Security “credits” each year they are employed. Your spouse qualifies for a spousal benefit if they have earned credits over a period of at least 10 years.
It is essential to keep in mind that delaying retiring until you reach your full retirement age allows you to maximize the amount that you will get from the government.
Additionally, if you are currently receiving spousal benefits and your spouse has passed away, you are required to inform Social Security of the situation. Your current spousal benefit, which is equal to 50% of your partner’s benefit, will be converted into a survivor benefit of 100%.
How Do I Apply for Spousal Disability Benefits from Social Security?
If your spouse qualifies for Social Security benefits, you’ll need to fill out an application with the Social Security Administration. Simply dial 1-800-772-1213 to be connected to the Social Security Administration office closest to your location.
You can submit your application in person, online, or over the phone; however, please include the necessary supporting documentation with your submission:
- Birth certificate
- A copy of your marriage certificate
- Your social security number
- Your spouse’s social security number
Finally, if you choose to have your payments deposited directly into your bank account, you will need to supply both the bank’s routing number and your bank account number.
Conclusion
Spousal benefits are just one of the ways the Social Security Administration makes sure to provide financial assistance to those who need it. If you would like more information about whether you qualify for spousal benefits, contact a disability attorney today.
