One of the benefits of SSDI is that dependents of the original applicant are also eligible for benefits. Spouse, children, and even surviving parents of an individual who was receiving SSDI benefits can continue to receive them provided certain conditions are met.
Surviving Spouse Benefits
If the SSDI recipient possessed insurance before becoming disabled, their spouse may be eligible for benefits . There are however, some conditions for this:
- The surviving spouse is caretaker to a child who is under 16 years of age or disabled, and who is the recipient of the deceased person’s benefits. In this case, the percentage received is 75%.
- If the surviving spouse is also disabled and their disability started prior to the spouse’s death, they are eligible for around 71% of the deceased person’s benefits.
- If the surviving spouse is at least 60 years of age but has not reached retirement age, then they can receive up to about 99% of the deceased’s benefits.
- In a case where the surviving spouse has reached retirement age, they could be eligible for 100% of the deceased’s SSDI benefits.
In the case of spouses remarrying, the rules are different:
- No surviving spouse benefits if remarriage occurs before 60 years of age.
- Remarriage after the age of 60 years or 50 years in the case of a disabled person, eligibility is not affected.
In the case of working surviving spouses or working individuals about to retire:
- If the surviving spouse has worked and is eligible for retirement benefits or pension based on their work history, they can choose to receive SSDI benefits if that payout is higher.
- Benefit payment may be reduced depending on the amount of income earned by the surviving spouse.
Children’s Benefit
Children, including those who are adopted or stepchildren, whose parent dies as an SSDI beneficiary could be eligible for benefits under the following conditions:
- Children under 18 years old and unmarried will continue to get benefits till their 18 th birthday at which point in time they will stop. Benefits may continue if the child is in high school or is disabled themselves.
Children receive the benefit only until they are in high school. Only those who are disabled before they turn 22 years of age can continue to receive benefits.
Senior Parents
Senior or elderly parents can receive a percentage of their deceased child’s benefits if they were fully insured for Social Security at the child’s time of death. They have up to two years to claim the benefits. The following conditions are applicable:
- The disabled child provided at least half of their support
- The surviving parents are 62 years of age or older
- Surviving parents are not eligible if they are earning Social Security benefits on their own that are higher than those they would receive from their deceased child’s grant
Why Contacting a Professional is a Must
Though it is not compulsory to have legal representation, having a lawyer by your side can make all the difference between approval and rejection. A SSDI lawyer can help ensure that you are represented correctly and understand all requirements.
Your lawyer can also help prepare you for the case better so that you answer queries better and do not leave out information, even inadvertently. Such instances can create complications that could directly affect the chances of approval. Having a lawyer by your side ensures you do not miss out on any crucial dates or time which could lead to denial of claim.
At Legal Rights Advocates, PLLC, we help clients who are facing disability in MA and preparing to live with it with dignity and independence. Our team of attorneys, over the years, has helped countless clients understand financial aid programs like SSDI, SSI, Medicare, and Medicaid better while successfully applying for them.
If you are interested in learning more about disability insurance, call us at (855) 254-7841 for immediate assistance.
(855) 254-7841
(855) 254-7841
