Because Justice Matters

Tallahassee Family Benefits Attorneys

SSDI Representation from Anderson & Hart, P.A.

Spouses, ex-spouses, and children may be able to collect Social Security disability benefits based on the record of a disabled family member. These benefits are only available to dependent children under the age of 18, and to individuals whose spouse’s collect Social Security Disability Income (SSDI), rather than Social Security Income (SSI.)

At the law firm of Anderson & Hart, P.A., our Tallahassee social security disability attorneys provide legal assistance to those who have suffered devastating injuries and are no longer able to work due to illness or disability. Call today for representation in family benefits matters and SSDI claims.

Dial (850) 203-3041 now to talk to an attorney or click here to schedule a free consultation.

Spousal Benefits

Spouses of individuals receiving SSDI are entitled to as much as 50% of the amount their monthly benefit payment, depending on the maximum a family is eligible for. If there is a child who is collecting benefits in the family as well, the amount your spouse can collect will be reduced. For spouses that quality for their own Social Security earnings, the Social Security Administration (SSA) will pay their earnings first. If the amount your spouse is entitled to is higher than the amount you are entitled to, the SSA may combine benefits to ensure your spouse receives the highest amount possible. If your spouse collects benefits between age 62 and retirement age, the benefit amount they qualify for will be reduced.

You may be able to receive SSDI spousal benefits if:

  • Your spouse is over 62 years of age: Individuals who begin to receive disability benefits when their spouse is 62-years-old or older may be able to continue to receive monthly benefits, as long as they are not eligible for a higher benefit amount themselves. In instances where an individual’s spouse begins to collect benefits before they reach the age of retirement, the early retirement penalty will reduce the value of the benefit they can receive, except in cases where that individual is caring for a child under 16.
  • Your spouse is caring for a minor: Spouses of individuals on SSDI caring for a child under 16-years-old may continue to receive benefits. Child benefits continue until a child turns 18, though a spouse may continue to receive benefits even after a child turns 16 if they are eligible for retirement or become a widow/widower. The SSA may deduct spousal benefits for individuals who work while taking care of a child. Individuals who make a certain amount of money while taking care of a child may not be eligible for any SSDI benefits.
  • Your spouse is caring for a disabled minor: Spouses of individuals receiving SSDI may continue to collect benefits if they are caring for a disabled child, even if that child is over 16. To receive SSDI benefits while caring for a disabled child, you must alert Social Security that your spouse is the primary caregiver for a mentally or physically disabled child. For spouses caring for disabled children over the age of 22, the child’s disability must have occurred before the child turned 22.

In cases where a couple goes through a divorce and one spouse is receiving SSDI benefits, the ex-spouse may still be eligible to receive SSDI benefits.

Your ex-spouse may quality for SSDI benefits if:

  • Your marriage lasted 10+ years
  • Your ex-spouse is 62-years-old or older
  • Your ex-spouse is not married
  • Your ex-spouse/your ex-spouse’s new spouse makes too much income

In cases where your ex-spouse remarries someone who is also eligible for Social Security benefits, they are still eligible for spousal benefits, depending on their new spouse’s earnings record. Your ex-spouse and children are entitled to continue to receive benefits based off your earnings record.

Children’s Benefits

Minors are eligible to receive a child’s benefit per the Social Security earnings of a parent at the amount of up to 50% of the parent’s monthly benefit, depending on that parent’s earrings record. The more the parent earned, the more the child is eligible for in SSDI benefits. If one of more relative is receiving Social Security benefits based on the disabled parent’s record (for instance, the parent’s spouse,) children’s benefits will be capped based on the maximum amount the entre family is eligible to receive.

If a parent dies while receiving SSDI benefits, or if a parent’s earrings record qualified their family to receive benefits at the time of their death, a dependent minor may be eligible for a “survivor benefit.” Children in these cases may receive as much as 75% of their parent’s monthly benefit, subject to the family maximum.

Disabled children or young adults under the age of 22 may be eligible to collect benefits through SSDI based on a parent’s earrings record. Oftentimes, a disabled child’s own record may not quality them for Social Security Income, forcing them to go through a parent’s SSDI benefits.

The maximum family benefit (MFB) amount a family is able to receive is based on how many individuals there are in a family. In cases where a disabled parent has more than one child eligible to receive benefits, or one minor child and a spouse caring for that minor child who are eligible to receive benefits, the total amount they are eligible for may exceed their MFB cap. In most cases, the MFB total is capped at 150% or a disabled parent’s benefit amount. SSDI benefits are not reduced when claimant’s family members apply for auxiliary benefits such as spousal benefits or child benefits.

The MFB amount is capped based on:

  • If the amount is higher than 85% of the disabled party’s average indexed monthly earnings (AIME)
  • If the amount is less than the disabled party’s SSDI amount (also known as primary insurance amount, or PIA)
  • If the amount is greater than 150% of the disabled party’s PIA

SSDI benefits paid to a divorced spouse do not count towards MFB. In cases where the total benefits being paid to all family members exceeds the MFB amount, the amount of benefits every individual is receiving will be reduced proportionally to meet the MFB cap (this does not apply to the disabled party’s original SSDI benefits.) A minor may receive up to 50% of their disabled parent’s benefit amount depending on what the MFB amount is.

Hire a Skilled SSDI Lawyer in Tallahassee, FL

Determining Social Security benefit eligibility is hard, but finding a good lawyer doesn’t have to be. At Anderson & Hart, P.A., our SSDI attorneys are here to bring some clarity to you. Our team has over 45 years of combined legal experience and are actively involved in making our community a better placed. If you or your spouse has been injured, take the first step towards securing your family’s future, and contact Anderson & Hart, P.A. today.

To schedule a free and confidential consultation, just call (850) 203-3041, or contact us online to learn more about what Social Security benefits you may be eligible for.

Client Testimonials

  • “Thank all of you for the professional service on my case. Your firm has given me the greatest experience and has been more professional than any other law firm I’ve ever had to do business with. God bless you all, and thank each and every one of you.”

    K.T.

  • “Ms. Hart is an awesome attorney!! She has helped us do the right thing. She goes above and beyond!!! Thank you for all of your help!! We highly recommend her as an attorney!!!”

    M.E.

  • “I am thankful for all that help this law firm has done for me. I would highly advice you to give them a call....Karla you have been a blessing to my life.”

    A.J.

  • “In 2017 you finished the case of Stephen Wagner... I want you and your staff to know how much you are appreciated. This would have never happened without you.”

    Bettie Wagner (Stephen’s Mother)

  • “Ms. Hart was very good lawyer who helped me win my case.”

    Anonymous