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Benefits for Family Members
A lot of people who are injured and unable to work worry about how their unemployment will affect their families. There are many circumstances within a family that effect benefits. If you take care of a child or parent or are recently divorced or widowed, you may be entitled to additional benefits. The Coye Law Firm's disability attorneys can help you or a loved one claim the benefits they need whether they are dealing with a disability or are dependent on someone who is.
Widows/Widowers
Men and women can get their deceased spouse's disability benefits under certain circumstances. To qualify, the following conditions must be met:
- The surviving spouse must be age 60 or older, or 50 or older and disabled.
- The surviving spouse can be any age if they are caring for the deceased person's biological child.
- The surviving spouse cannot be remarried.
- The deceased spouse must have been eligible for SSD or SSI.
Children
Disabled children can receive disability benefits for their conditions through Supplemental Security Income if their condition inhibits their normal functioning, is expected to last at least a year or result in death, and their parents live on limited income and resources. A child can get benefits if their biological, adopted, or stepparent is disabled or deceased and eligible to receive SSD benefits. Children are also eligible if they are:
- under age 18
- unmarried
- age 18 or 19, a full time student, and in grade 12 or below
- age 18 or older and disabled if the disability started before age 22
Children born outside of marriage may be able to claim benefits as well.
Divorce
Depending on whether or not your ex-husband or wife is living or deceased, your disability benefits can be affected. You can claim the same disability benefits as your ex-spouse if:
- your ex-spouse is living,
- your marriage lasted longer than 10 years,
- you are over age 62,
- your potential benefits are less than your ex-spouse's
- your ex-spouse is entitled to disability benefits
If the ex-spouse is deceased, then you follow the requirements for getting widow or widower benefits.
Caregivers
Some people take care of their elderly or disabled relatives themselves. If you are the primary caretaker for a disabled relative under the age of 65, you can arrange to be the "representative payee." A representative payee receives the disability benefits on behalf of the person they take care of. To be designated as a representative payee, the Social Security Administration must approve you after a careful investigation. It can be overwhelming to have control over someone else's benefits and well-being. The SSA has a guide addressing common questions and concerns available on their website.
Common Law Marriages
The Social Security Administration recognizes common law marriages in states that honor them. Only eleven states recognize it: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Washington D.C. recognizes common law marriage also. Florida doesn't recognize common law marriage, so surviving or separated spouses who had this type of marriage do not qualify to receive their partner's disability benefits.
Many people depend on another's financial support in order to maintain the lifestyle they are used to. If you or a family member are entitled to disability benefits and your situation suddenly changes, you may be able to continue receiving this form of assistance.
Contact the Coye Law Firm to understand your options and file the necessary applications and paperwork so that your income isn't affected. Call us today.
