Do You Qualify For Survivor Benefits Through Social Security Disability?
Many individuals are not aware that they can apply for survivor benefits through the Social Security Disability program. The process usually requires a social security attorney to navigate for you, as it can be quite complex. There are four major groups that can apply: surviving spouses, dependent parents, children and ex-spouses. But each of these groups have additional restrictions that need to be met.
Surviving Spouses
Surviving spouses usually qualify as a survivor and will receive some form of benefits as long as they are over the age of 50. Spouses under the age of 50 usually do not get survivor benefits. A reduced benefit is available to those between the ages of 50 and 60 and full benefits are available for those who are 60 and above. Very brief marriages or marriages that occurred just before the death of the individual may be declined for survivor benefits.
Divorced Spouses
Many people aren't aware that divorced spouses can qualify as a survivor for the purpose of benefits. Generally, the marriage will have had to have been a decade or longer. This is not related to alimony in any way; you won't get survivor benefits simply because you had alimony previously. The survivor benefits may also be declined if the marriage was a long time prior to the individual's passing.
Children
Children will get survivor's benefits as long as they are under the age of 18 and attending school. Children with a disability can continue this benefit until they are 22. Under some situations, stepchildren or grandchildren can also claim benefits -- but this isn't generally done. Also, children cannot usually request the full value of the individual's benefit.
Dependent Parents
In the event that the individual who passed was taking care of their parents or parent, the parents or parent will acquire their benefits. This is true only if the parents were dependent on the child for their financial care or if they lived with their child.
The amount of survivor benefits is generally either a percentage or the full amount of the benefits that the individual was already receiving through SSD. The goal of survivor benefits is to ensure that the household remains financially stable even after the individual's passing. If your survivor benefits are declined, a social security attorney can help you appeal. The appeals process can be lengthy and, again, complicated, so involving an attorney as early in the process as possible is usually best. Once the attorney is involved, they can usually handle the majority of the process for you. For more information, contact a firm like Horn & Kelley, PC Attorneys at Law.