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Spousal Social Security Benefits

Can I Get Benefits Based on My Partner’s Social Security Disability?

The answer to this question is yes. A spouse can attain the Social Security Disability Insurance (SSDI) and attain the benefits. However, there is a limitation to this. You must be married for at least 12 months in continuation and your partner must be of 62 years or more. The partner must also be taking care of a child who is less than 16 years or is suffering from any disability.

These benefits are popularly known as mother’s or father’s benefits. If both the conditions are met then you can get the disability on your partner’s record. The Spousal Social Security Disability Benefits are funded by the federal government. 

It is administered by the United States Social Security Administration (SSA). These advantages are given to the spouse of any worker after retirement.

How Does A Spouse Qualify For Social Security Disability Benefits?

disability-benefits-for-spouseAlong with the above-mentioned conditions, you must not be getting any of the retirement advantages from Social Security that may be more than the disability benefits for spouses as specified by the SSDI.

Anyone is not permitted to enjoy multiple advantages at the same time. If you are entitled to dual benefits then it is Social Security who will decide which one is higher of the two. You will then be awarded the higher amount.

There are different criteria for full retirement age. If the age is 66 years and 2 months of an individual who is born in the year 1955 or 66 years and 4 months for people who are born in the year 1956 then spouses will be given 50% of the Spousal Social Security Benefits. However, the criteria can also be changed based on who is taking care of the disabled child.

If child care is not concerned then the spousal advantages may be reduced for people who are claiming before the complete retirement age. Suppose, anyone is of 62 years in the year 2022 then a percentage of 32.5% will be given from the SSDI amount of the spouse.

People who are divorced and getting SSDI then your former partner can get the spouse disability benefits if your marriage lasted for a decade. Along with this, the spouse must be 62 years or older than that and has not married again. The perks that are given to your former spouse won’t impact the amount you and your present spouse will be attaining from Social Security. 

Different Factors That Affect Social Security In Retirement

The estimation of your Social Security in retirement can depend on several factors such as average payment, and calculation of the social security payment. 

It will also depend on your retirement age, medicare premiums will be deducted, and your income tax withholding. All these parameters will determine your social security and how you create your social security account. You must also be aware of disability Rules Over 50 before applying for any benefit program after retirement.

What Is Spouse’s Survivors Benefit?

When a spouse is married for 12 months or more, a worker who is suffering from any kind of disability will attain Social Security Disability when the worker dies. In this case, the spouse who survives will attain the benefits when the following conditions are met:

  • If the spouse who survives is 60 years or more.
  • The surviving spouse is suffering from disability and lies between the age group 50 to 60 years.

The advantages given in this program are also known as widower’s or widow’s benefits. If you are receiving more benefits than this then your spousal benefits will end. This is because you will start getting higher benefits. 

Suppose, you are getting $1000 as your personal benefit and $500 as your spousal benefit then you will be given $1000 which is higher by Social Security. You must also be aware of the Spousal Social Security Rules before applying for the benefits. 

The benefits will be denied if the surviving spouse remarries before the age of 60 or before 50 and suffers from any disability.

When Can You Claim Spousal Social Security Benefits?

People who try to gather their spousal benefits before their full retirement age will receive less amount as compared to when they would be applying at the full retirement age. 

Suppose, you are of 62 years and your full retirement age is 66 years and you begin collecting the benefits at 62 years then you will be getting only 30% of your spousal benefits every month. 

If you claim at 65 years then also you will get less than 50% of the monthly payments of your spousal benefits. This will vary based on which month you will initiate to get the payments.

People who want to attain the benefits without any reductions have to wait until  their full retirement age. However, there is a limitation to this. If you have a child who is less than 16 years and is disabled then you will get the complete payments without any reductions. 

This is known as a child in care advantage program that you can apply and receive before 62 years. However, this will be reduced as per the family limits specified by the Social Security Administration.

Could I Benefit From My Husband’s Disability?

Yes, if your husband is disabled, you could get benefits. If, for example, your husband is getting Social Security Disability Insurance (SSDI), then you are eligible to draw the benefits on some conditions.

One of the requirements that you must meet is that you must have been married for at least 1 year and that your husband is 62 years or older. The second requirement is that your husband must have been caring for your child who is less than 16 years of age or is experiencing any disability.

What Amount Will You Get As Per The Social Security Disability?

The maximum amount that a family of a disabled worker can attain varies from 150% to 180% of the advantages the worker is getting. The Social Security Administration (SSA) will determine all the medical conditions of the worker and will do careful screening whether the worker is suffering from an extreme disability or not. 

If the worker is suffering from a serious disability, then the Social Security Disability will be automatically given. You will have to wait nearly 5 months after which you will be getting the benefits after they are approved by Social Security.  

If your Spouse’s disability benefits have been approved and you want to know how to attain them then seek guidance from a Disability Attorney.

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