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FAQs: Can Your Family Also Receive Disability Benefits?

Generally, if an employee can no longer work because of a physical or mental condition that is expected to last at least 1 year or result in death, he is entitled to receive social security disability benefits. However, did you know that even the family members of the disabled employee may be eligible to receive payments from the Social Security Administration (SSA)?

If you want to know more about disability benefits payments for your family, you may ask for advice from your social security disability lawyer or read this FAQ.

  • Who may receive disability benefits in my family?
  • The following are the only members of your family who may be eligible to get disability benefits based on your work:

    • Either spouse (as long as aged 62 years old or older)
    • Spouse, at any age, as long as a child of yours who is younger than 16 years old or disabled is under his/her care
    • Unmarried child (also an adopted child) or even a stepchild or grandchild as long as the child is younger than 18 years old and in elementary or secondary school fulltime
    • Unmarried child even if aged 18 years old and above as long as she has a disability that started before the age of 22.
  • If I’m divorced, will my ex still be able to get benefits?
  • Yes, your divorced spouse may still receive benefits from your earnings even if you have another spouse or even if you are not receiving them. However, there are certain requirements in order for your divorced spouse to qualify for benefits and these are:

    • Should have been married to you for at least 10 years
    • Must have been divorced for at least 2 years
    • Be at least 62 years old
    • Not have been married after your divorce
    • Is not eligible for an equal or higher benefit based on his/her work or based on someone else’s work
  • How much may your family receive as disability benefits?
  • Eligible family members may get a monthly benefit that is up to half of your disability benefit amount. This 2011, a disabled worker may average up to $1,067 in monthly payments while a disabled worker with a spouse and child may be paid $1,813 monthly.

    There is however, a limit to the amount of money that can be paid to you and your family. Generally, the limit is equal to 150 to 180 percent of your disability payments.

In Los Angeles, there are many social security disability lawyers who can provide you with assistance and answer all your questions regarding your disability benefits but it is important to only choose the best.

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